A.S. OKA, J.

OVERVIEW

1. The land subject matter of these Petitions is the land bearing CTS No.398 (for short “the said land”), admeasuring about 2339 sq. meters situated at Tardeo in Mumbai. The said land is located in a prime locality in Central Mumbai. In the sanctioned Development Plan of the year 1967, the said land was shown reserved for a Secondary School. In the sanctioned revised development plan of the year 1991 under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (for short “MRTP Act”), which is in force even as of today, the said land continues to be reserved for the public purpose of Secondary School.

2. Late Nowrosji Jehangir Gamadia (for short “the original owner”) was claiming to be the absolute owner of the said land. The first and second Petitioners in Writ Petition No.892 of 2013 are the Executors and Trustees of the Estate of the original owner appointed under the last Will and Testament of the original owner. The said original owner through his Advocate served a notice dated 14th August 1993 under Subsection (1) of Section 49