Trending :
Lawtext
Search
Login / Register
Sign In
HomeJudgement
Scroll Down To Discover
High Court

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
Admin
2026-09-15 12:39:43
  • 93
Judgement Image
Font size:
Print

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.

Subscribe to unlock Issue of Consideration Subscribe Now

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

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

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:
Subscribe to unlock full Legal Analysis Subscribe Now
Tags :
Maharashtra Regional and Town Planning Act development plan reservation playground school cultural centre notification writ petition change of user lease

Pay once for this file or subscribe for unlimited downloads

Related Judgement
High Court Bombay High Court Allows Writ Petition Challenging Refusal to Appoint Recommended Candidate for Judicial Service — Failure to Disclose Adverse Material Violates Natural Justice. The Court Quashed Communications Denying Appointment and Directed Reco... 2026-09-24 21:51:58
Related Judgement
High Court Bombay High Court Upholds Life Conviction for Murder Based on Circumstantial Evidence and Motive. Appellant convicted under Section 302 IPC for killing his wife with an axe, relying on last seen evidence, recovery of weapon, and motive of suspicion o... 2026-09-24 21:51:57
Categories
Popular Tags
Writ Petition Natural Justice acquittal murder compensation burden of proof limitation Article 226 Land Acquisition benefit of doubt
Follow Us

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court of Karnataka Dismisses Revision Petitions Against Discharge Order in Corruption...

High Court Quashes Criminal Proceedings Against Company Secretary in KOPD Act Case Due to ...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Restores Trial Proceedings in Forgery Case — High Court's Discharge Order ...

Supreme Court Upholds Appellant in Limitation Dispute — Suit Remitted for Fresh Consider...

Supreme Court Modifies Sentence in Murder Case Involving Minor Victims — Upholds Convict...

Lost Your Password?