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Bombay High Court Hears Writ Petition Challenging Notification Under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966, Modifying Plot Reservation from School to Playground. Court Examines Whether the Change Contravenes Earlier Reservation Notification Under Section 37(2) and Proper Development Plan Procedure.

High Court: Bombay High Court
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2026-11-05 12:09:47
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Issue of Consideration

Whether the notification dated 24th April, 1992 modifying the reservation of the plot from school and cultural centre to playground was valid under the Maharashtra Regional and Town Planning Act, 1966.

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Case Details

2005 LawText (BOM) (09) 94

WRIT PETITION NO.1561 OF 1992

2005-09-05

R.M.S. Khandeparkar, V.M. Kanade

2005:BHC-OS:13031-DB

Ms Vaishali V.Thorat for the petitioner, Ms Madhulata Kajale for respondent Nos.1, 4 and 5, Shri Vinod Mahadi for respondent No.2-BMC, S/Shri C.J.Sawant with Milind Sathe for respondent No.3

Abhinava Sahakar Education Society

The State of Maharashtra, The Municipal Corporation of Greater Bombay, M.I.G. Cricket Club, Maharashtra Housing & Area Development Authority, Bombay Housing & Area Development Board

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Nature of Litigation

The petitioner, an educational society, challenged a government notification that modified the reservation of a plot from 'school and cultural centre' to 'playground' under the Maharashtra Regional and Town Planning Act, 1966.

Remedy Sought

Petitioner sought quashing of the notification dated 24th April, 1992, issued under Section 31(1) of the said Act, and directions to restore the reservation for school and cultural centre.

Filing Reason

Petitioner was aggrieved by the change in reservation as it had previously obtained a notification in 1985 under Section 37(2) that earmarked the plot for school and cultural centre, and had made efforts to construct a school.

Previous Decisions

On 10th April, 1985, a notification under Section 37(2) of the MRTP Act excluded the land from playground reservation and designated it for school and cultural centre. The subsequent impugned notification reversed this.

Issues

Whether the notification dated 24th April, 1992 modifying the reservation was validly issued under the Maharashtra Regional and Town Planning Act, 1966.

Submissions/Arguments

Petitioner argued that the 1985 notification was final and binding, and the impugned 1992 notification was arbitrary and without due process, violating legitimate expectations. Respondents contended that the 1985 modification was minor, while the final development plan was prepared after hearing all interested parties, and the impugned notification was part of that comprehensive plan, with an alternative plot reserved for school.

Judgment Excerpts

the petitioner by its letter dated 28th May 1968 ... brought to the notice ... that the area in question was reserved for a play ground in the draft development plan. ... Notification dated 10th April, 1985 in exercise of the powers under Section 37(2) of the said Act came to be issued ... the land ... was excluded from the site reserved for the play ground, and ... earmarked for the school and cultural centre. ... the revised draft development plan was submitted on 29th April, 1986 ... finalised ... notification ... issued on 24th April, 1992 ... whereby the land in question was shown as reserved for the purpose of playground.

Procedural History

Petitioner was allotted the land on 99-year lease in 1965. In 1968, reservation for playground discovered. Petitioner sought change of user, and after processing, a notification dated 10th April, 1985 under Section 37(2) of MRTP Act reserved land for school and cultural centre. In 1992, impugned notification under Section 31(1) modified reservation to playground. Petitioner filed the present writ petition in 1992, which came up for hearing on 5th September, 2005.

Acts & Sections

  • Maharashtra Regional and Town Planning Act, 1966: Section 31(1), Section 37(2)
  • Societies Registration Act, 1860:
  • Bombay Public Trusts Act, 1950:
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Maharashtra Regional and Town Planning Act development plan reservation playground school cultural centre notification writ petition change of user lease

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