Sarvajanik Shri Ganeshotsav Mandal – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
R. M. LODHA,J.
( 1 ) THE appellants were unsuccessful in challenging the entrustment of the subject land on caretaker basis or construction, management and maintenance of playground to Chhatrapati Shivaji Maharaj Smarak Samiti (Respondent no. 3) before the learned Single Judge as their writ came to be dismissed by order dated 9th October 1996. Hence this Appeal.
( 2 ) THE subject piece of land admeasuring 2 acres (8261. 90 sq. mts.) comprises of the land bearing c. T. S. Nos. 256 (part), 257, 258, 260 (part), 261, 262, 263 (part), 269 (part), 270, 271 (part) and 272 (part) and is situate at Vile Parle (East), Mumbai. In the revised final development plan sanctioned by the government of Maharashtra of the K (East) Ward, Mumbai which came into effect from 29th December, 1992, the subject plot was reserved for playground. However, in the notification dated 12th November, 1992, the subject land was shown as reserved for park but by the corrigendum notified on 1st January, 1993, the error was corrected by showing the subject land reserved for playground.
( 3 ) THE Municipal Corporation of Greater Mumbai (for short, the Corporation) decided to develop this plot which belonged to
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