A.P. Bhangale, J.

1. Pursuant to Misc. Civil Application No.1129 of 2011 (Review Application) preferred by Bhartiya Vidya Bhavan (hereinafter referred to as “BVB”.) through its Attorney Shri T.G.L. Iyer, Civil Lines, Nagpur with a prayer to recall the Judgment dated 12th October, 2011, we had heard the parties and by order dated 26th April, 2012, we had recalled the Judgment dated 12th October, 2011 and restored the Public Interest Petition No.74 of 2010 for hearing afresh.

2. The challenge was to the action of local Planning Authority – Nagpur Improvement Trust (hereafter referred to as “N.I.T.”) for allotment of the land, which was reserved in the Development Plan for Primary School, Secondary School and Playground to Bhartiya Vidya Bhavan, an educational Institution/Trust. The petition was accepted as a Public interest Litigation pursuant to orders of the learned Senior Judge of the Bench at Nagpur dt.2.12.2010 and 6.12.2010 and notices were issued to the respondents named in the P.I.L.

3. The grievance of the BVB is that it had proposed to start the Primary and Secondary School of CBSE pattern in English Medium on the ground that it is required in Khasra No.12, mouza B