JUDGMENT :

Kishore C. Sant, J.

1. Rule. Rule made returnable forthwith, by consent of learned counsel for the respective parties.

2. This petition was initially filed as a Public Interest Litigation bearing PIL No.86 of 2021. Upon objection raised by learned counsel for respondent nos.1 to 5 and 6 that the petitioner has personal interest in allotment of the writ lands in his favour and pursuant to request made by learned counsel for the petitioner, this court (Hon’ble the Chief Justice & M.S. Karnik J.) vide order dated 20th December 2021 was pleased to allow conversion of Public Interest Litigation into a Writ Petition. PIL No.86 of 2021 is thus treated as Writ Petition bearing No.9498 of 2021.

3. The petitioner by way of this petition seeks relief of quashing Resolution No.18 dated 28th May 2021 passed by respondent no.6-Municipal Council, Baramati (“the Council”), whereby the Council has resolved to allot the writ lands admeasuring 3,408 sq.mtrs. in favour of respondent no.7-Natraj Natya Kala Mandal (“the Trust”). The petitioner further prayed for quashing of Resolution No.5 dated 12th July 2021 passed by respondent no.6-Council, whereby the Council has resolved to move an application for change of user in respect of the writ lands. The petitioner has further prayed for quashing of an order dated 18th August 2021 passed by respondent no.1-State granting approval to the proposal of respondent no.6-Council, thereby permitting allotment of land in favour of respondent no.7-Trust on a long term basis.

4. By way of amendment, the petitioner prayed for allotment of the writ lands bearing Survey Nos.908 to 914, situated at Baramati City for any of the public purposes, if at all the said lands are not required by respondent no.6-Council in the foreseeable future either by public auction or by inviting tenders from public or by inviting applications from persons or bodies of persons eligible for allotment of plots etc.

Brief facts :-

5. One Advocate Amarendra Dattatray Mahadik, the Executive Chairman of respondent no.7-Trust, had made an application to the President, Municipal Council, Baramati on 18th May 2021 requesting for allotment of an area of 183.90 sq.mtrs. out of lands bearing City Survey Nos.908 to 913, to respondent no.6-Council on a long term / perpetual lease at a nominal rate. The application further states that this land is required by Natraj Natya Kala Mandal, Baramati – respondent No.7, which is in existence since 1979 and is engaged in various cultural and social activities.

6. The said Natraj Natya Kala Mandal, respondent no.7 is registered as a Public Trust. The said Trust has arranged many public awareness programmes and conducted cultural and social activities. Presently, the trust is working from a building near ‘Teen Hathi’ Chowk, which is a land belonging to the Irrigation Department. In the said land, the respondent no.6-Council has resolved to carry a work of development and beautification of canal named as ‘Nira Dawa Kalwa’. Due to the said work, the building from which the work is being carried out is getting affected. Since the project of development and beautification of canal undertaken by respondent no.6-Council is an important project, adding beauty of the city, the Trust is ready to handover lands in its possession for the said project. Thus, after surrendering possession of the land to the Irrigation Department, the Trust needs another land. The lands bearing City Survey Nos.908 to 914 are adjacent to the earlier plot of land that was in possession of the Trust. It is further stated in the application that the land applied b