Advocates:
['AKSHAY A NAIK', 'HRISHIKESH S CHITALEYHRISHIKESH S CHITALEY', 'HRISHIKESH S CHITALEY', 'GOVERNMENT PLEADER', 'FOR/R', 'MUKESH V SAMARTH', 'FOR/R- AND']

Order

0807wp5462.14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 5462/2014.

Magaswargiya Sarvodaya Shikshan and Prashikshan Sanstha, Wardha and another.

-VERSUS-

The State of Maharashtra and others.

Office notes, Office Memoranda of

Coram, appearances, Court's orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

CORAM : B.P. DHARMADHIKARI &

A.S. CHANDURKAR, JJ.

DATE : JULY 08, 2016.

Heard Shri A.A. Naik, learned Counsel for

the petitioners, Shri N.R. Patil, learned A.G.P. for

respondent no.1 and Shri M.V. Samarth, learned

Counsel for respondent nos. 2 and 3, for some time.

2.

Question is – What was the position of the

layout regularised under Maharashtra Gunthewari

Developments (Regularisation, Upgradation and

Control) Act, 2001 initially ?

3.

It appears from the documents made

available on record, that one map shows an open space

in layout earmarked for public utility i.e. for Garden

and School. The later map shows tripartition of that

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land into plot no.60-A and then public utility - for

Garden and School.

4.

Petitioners claim that it has been running a

duly approved recognized school on plot no.60-A since

July, 1999.

5.

Respondent Nagpur Improvement Trust

which has sanctioned gunthewari regularization,

though have not specifically denied this, has come up

with a case of encroachment by the petitioners in the

year 2011 and its removal. Petitioners have also

approached State Government and State Government

has under Section 21 of the Gunthewari Act issued

directions to Nagpur Improvement Trust to regularize

the plot.

6.

Various disputed questions arise in the

matter. When gunthewari regularization itself is an

exception, whether open space meant in it can be

allowed to be diverted for any other purpose, is the

basis issue. If prior to gunthewari regularization, a

school was functioning, how, the Cooperative Society

which submitted map for gunthewari regularization

have shown it for public purpose, also needs to be

explained or investigated into. If the school of

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petitioners was duly approved and was functioning at

very same place since July, 1999 obviously, there will

be old documents which will reveal this fact.

7.

In this situation, though respective counsel

are seeking time to place on record more documents in

this respect, we find it appropriate to grant petitioners

an opportunity to make a representation to the

respondent Nagpur Improvement Trust itself. If such a

representation is made within a period of four weeks

from today, respondent nos. 2 and 3 shall after hearing

petitioners, the cooperative society, which initially

sought gunthewari regularization, take a suitable

decision upon the request of petitioners, within next

four months.

8.

In view of above, keeping all rival

contentions open and with these directions, we dispose

of the Writ Petition. No costs.

JUDGE

JUDGE

Rgd.