JUDGMENT (PER ANOOP V. MOHTA, J.)

The petitioners have challenged the action of allotment of their land by Nagpur Improvement Trust (for short .NIT.), a public body, to the public institutions and public trust being public utility plots. The points and submissions are common, interlinked and, therefore, this common judgment.

2. In Writ Petition No. 934/94, as averred, the petitioner is a cooperative housing society, which has developed various layouts and other projects successfully. The petitioner society has purchased land admeasuring about 13.45 acres comprised in Khasra Nos. 130/1, 3, 4 and 5 of Mouza Parsodi (Bhamti) in Malik Makbuza rights. The land is covered by the Bhamti Parsodi scheme of NIT.

3. The petitioner society applied to NIT for developing the said land and also gave an undertaking to agree to have the layout of the land as per plans, suggestions and directions of NIT. Pursuant to the undertaking given by the petitioner society, NIT approved the layout of the entire land admeasuring about 13.45 acres. Accordingly, an agreement came to be executed between the NIT and the petitioner society on 27.5.1977. The sanctioned layout map is a part and parcel of the agreement

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