- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court at Aurangabad directing appellant-City and Industrial Development Corporation of Maharashtra (in short the 'CIDCO') to consider respondent No.1's case for regularization of the existing plot admeasuring 770 Sq. mtrs., located at N-7 Sector and on regularization to accept the consideration at the rates prevailing in 1981 for the plots reserved for educational facilities. It was held that CIDCO's stand that the said plot is a green belt cannot be accepted.
(3.) Factual background in nutshell is as follows: A writ petition was filed by the respondent No. 1 for a direction to the appellants to regularize a plot of land which was claimed to be under its possession. In the writ petition it was stated that a group of house wives interested in social service particularly for creating opportunities for children from lower income groups formed a society called "Ektha Mahila Mandal" in the N-7 Sector of CIDCO. Subsequently, it was registered under the Bombay Public Trust Act, 1950 (in short the 'Trust Act') as a charitable trust and they started a Balakwadi for the children coming from the lowest income groups. Adjacent to the balakwadi of respondent no.1, there was an open plot and the respondent no.1 constructed two rooms along with one toilet block and the remaining land was used as a playground for the students. Prayer in the writ petition as noted above was for a direction to allot the same plot in favour of respondent no.1 for educational purposes. Appellants filed its reply and submitted that the plot admeasuring 770 Sq. mtrs. located in N-7 Sector and on the portion of which the constructions have been made is reserved as a green belt and it cannot be allotted to the writ petitioner. It was pointed out that another plot in N-7 Sector-1 was available which admeasures about 2186 Sq. mtrs. and was reserved for primary school and the writ petitioner was informed about these factors. However, before CIDCO proceeded to invite application for allotment of this plot, a section of the society resorted to agitations, demonstrations, hunger strike and demanded that the portion of the plot was reserved for Budha Vihar, it could not be allotted to any one else. Under these circumstances, CIDCO could not proceed further to consider the application for alternative plot. ;