C. K. Thakker, J. - (1.) The present appeal is directed against the Judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad on October 31, 2002 in Writ Petition No. 4952 of 1999.
(2.) To appreciate the controversy raised in the appeal, few relevant facts may be stated;
(3.) The appellant (Mahatma Gandhi Mission) is a charitable trust and is registered under the Bombay Public Trusts, Act, 1950. It is established with the aim and object of providing higher educational facilities in rural and backward areas of the State of Maharashtra. The appellant - trust is running Medical and Engineering Colleges at New Mumbai, Aurangabad and Nanded in Maharashtra and at Noida in Uttar Pradesh. The trust is also running other educational courses, such as, Master of Business Administration, Bachelor of Journalism, Nursing, etc. It is one of the reputed educational institutions in the State of Maharashtra. According to the appellant - trust, Respondent No. 1 City and Industrial Development Corporation Ltd. (CIDCO for short) is a statutory authority constituted under the Maharashtra Regional Town Planning Act, 1966 (hereinafter referred to as the Act) for the planned development of the city of Aurangabad and for allotment of land to individuals as well as institutions for housing, commercial and charitable purposes.;