Advocates:
['SHRI RAJESH BEHARE', '', 'SHRI R V GOVILKAR', 'THE ADDL GOVT PLEADER', '', 'FOR R NOS', 'AND']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.1839 OF 1995

WITH

CIVIL APPLICATION NO.850 OF 2003

Maharashtra Technical Education Society

… Petitioner

V/s.

State of Maharashtra and others

… Respondents

Mr. S.G. Aney, Sr. Advocate i/by Mr. R.V. Govilkar, Advocate for the

petitioner.

Mr. V.S. Gokhale, A.G.P., for Respondent Nos.1, 3 and 4.

CORAM : A.S. OKA &

A. R. JOSHI, JJ.

DATE : 11^th JUNE, 2013

ORAL JUDGMENT :

1.

This Writ Petition was heard yesterday. On account of paucity of

time, judgment could not be dictated yesterday.

2.

With a view to appreciate the submissions made by the learned

Senior Counsel appearing for the petitioner, it will be necessary to make

a reference to the facts of the case in brief. The petitioner is a Society

registered under the Societies' Registration Act, 1860. It is stated that

the petitioner is at present running a medical college and is involved in

notable social activities. The petitioner has a specific goal and object to

construct a hospital having all amenities for providing service to the

poor and needy citizens of Pune. In the petition, it is contended that

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the petitioner is the owner of land bearing Final Plot No.24 situated at

Erandawana, Pune approximately admeasuring 5 Acres. The petitioner

was proposing to use the said Final Plot No.24 for setting up hospital

and other activities. The said Final Plot No.24 was requisitioned under

the provisions of Pune Mutha River Floods Limits (Prohibition of

Buildings) and Provision for Alternative Building Sites Act, 1961. By

order dated 26^th April, 1965, the third respondent Collector of Pune

released the said land from the requisition. The petitioner is placing

reliance on the said order as well as a copy of possession receipt dated

5^th February, 1966 under which the petitioner was put back in

possession.

3.

It is contended in the petition that out of the said total area

of the Final Plot, an area of 3.5 Acres was reserved for hospital and/or

public garden, under the Town Planning Scheme No.I, Pune. A

representation was made by the petitioner for releasing the said Final

Plot No.24 from reservation. The case made out by the petitioner is

that the second respondent – the Municipal Corporation of City of Pune

decided to release the land from reservation. Reliance is placed on the

order of the State Government dated 6

th July, 1977 by which the said

Final Plot was released from reservation. It is pointed out that on 6

th

July, 1977, the Section Officer of the State Government addressed a

letter to the Commissioner of the second respondent Municipal

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Corporation. By the said letter, the second respondent Municipal

Corporation was advised to move the Arbitrator in accordance with

Section 83 of the Maharashtra Regional and Town Planning Act, 1966

(hereinafter referred to as “the MRTP Act”) for advance possession of

the entire Final Plot No.24 kept for public purpose and for grant of land

to the petitioner on nominal lease for running hospital and other

activities subject to terms and conditions. It is alleged that on 3

rd April,

1980, under an erroneous impression, the petitioner gave paper

possession of a part of Final Plot No.24 which is shown under the

reservation in the sanctioned Development Plan. On 20

th April, 1981,

the Standing Committee of the second respondent passed a resolution

by which it was resolved to grant the said portion of Final Plot to the

petitioner on the terms and conditions mentioned therein. By a letter

dated 11

th July, 1981, the second respondent informed the petitioner

that the lease rent in respect of the portion proposed to be granted on

lease was fixed @ Rs.65/- per 100 square feet. Thereafter, the

representations were made by the petitioner from time to