WAHANE B.U., J.:—This writ petition is an apt example as to how the statutory object secure preservation of Environment and Development of the residential colonies shown in the Master Plan, sought to be achieved by the State of Maharashtra under the Nagpur Improvement Trust Act, 1936. The Maharashtra Regional and Town Planning Act, 1966, and the City of Nagpur Corporation Act, 1948, is defeated by the Authorities who lack of dynamism, aestheticism and enthusiasm for development and alienate the land/open space meant for Public utility.

2. By this petition under Article 226 of the Constitution of India, the petitioners 1 and 3 being Societies and petitioner No. 2 a Corporator, thus, the public spirited citizens, have questioned the legality, propriety and justifiability of the impugned Resolution dated 13th June, 1980, (Annexure V, at page No. 58) and the impugned order of allotment dated 21st May, 1985 (Annexure XXIII, at page 116).

3. The Petitioner specified in para 2 of the Petition that the instant petition is in the interests of the citizens of Nagpur in general and residents of Jaripatka, Mecosabagh Sindhi Colony and Nazul Layout and Harijan Colony etc. in particular and thereby it is in the nature of a Public Interest Litigation. The petitioner No. 1-Harijan Layout Sudhar Samiti is a registered Society under the Bombay Public Trust Act, 1860. The members of this Society are the residents of Nazul Layout, Harijan Colony, and of mouja Jaripatka, Tahsil and District Nagpur.

The Petitioner No. 2 is a Corporator elected from Ward No. 58 to the Corporation of the City of Nagpur. As such he represents the interest of the residents of Jaripatka which falls under Ward No. 58.

The Petitioner No. 3 is an unregistered association of citizens residing in the Sindhi Colony at Mecosabagh and as such they are also interested in the healthy planned growth of the North-East portion of Nagpur.

4. The erstwhile Government of Madhya Pradesh vide Survey and Settlement Memo No. 3327-3182/16-29 dated 23-9-1954 sanctioned a Layout know as "Nazul Layout" at mouja Jaripatka for providing residential land to the "Harijans" only. The sanction covered a total area of 21.47 acres including therein Khasra Nos. 37, 38/1, 38/2, 40/1 k. 40/2, 43/1, 47/1 and 57/1 of mouja Jaripatka, Tahsil District Nagpur. The plots of the Khasras referred above were auctioned by the Nazul Officer under the Respondent No. 4-Collector, Nagpur, to individuals, some of whom are the members of the Petitioner No. 1 Society. The Collector-the respondent No. 4 granted leases of some plots to the individuals. The auctioneers who purchased the plots and those who have been leased out by the Respondent No. 4-The Collector, constructed their houses thereon and are presently residing there. The petitioners specifically averred that the Kh. Nos. 37 and 38/1 were ever auctioned since these two pieces of land were kept for public utility and were shown as green belt in the master plan.

5. "The Harijan Layout" which included Kh. Nos. 37 and 38/1 was undeveloped by the Nagpur Municipal Committee-predecessor body to the Respondent No. 5-the Corporation of the City of Nagpur. Due to constant persuasion for taking steps for the development of the layout, finally the Respondent No. 3-Nagpur Improvement Trust passed a resolution sanctioning the expenditure for the development of the "Harijan Layout" comprising khasra numbers as stated above. Development was apprised to the Petitioner No. 1-Society by letter dated 30th December, 1974. Two Khasras i.e. 37 and 38/1 which were inducted in the green belt, were also included in this financial assistance for development.

6. According to the petitioners, besides the colonies referred earlier, the surrounding colonies are Christian Colony, Clerk Town, Indora, Juna Jaripatka, Kasturba Nagar, Western Coal Fields Ltd's Colony, New Income Tax College Complex, Reserve Bank Officers Quarters, Bezon Bagh, Lashkari Bagh etc., the population of which at