New English High School Asso. ... vs Nagpur Improvement Trust Nagpur & ...
2017 Latest Caselaw 5536 Bom

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   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR


                   Writ Petition No.739 of 2002


  1. New English High School Association,
     Nagpur, Mahal, Nagpur, 
     through its Secretary.

  2. New English High School,
     Mahal, Nagpur, through H.M.                  ... Petitioners


       Versus


  1. Nagpur Improvement Trust,
     through its Chairman,
     Civil Lines, Nagpur.

  2. The State of Maharashtra,
     through its Secretary,
     Urban Development Department,
     Mantralaya, Mumbai.                          ... Respondents




  Shri S.R. Deshpande, Advocate for Petitioner.
  Shri Girish A. Kunte, Advocate for Respondent No.1.
  Shri   N.S.   Rao,   Assistant   Government   Pleader   for   Respondent 
  No.2.




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                Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.

rd Dated : 3 August, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. This petition challenges the notice dated 5-3-1999 issued

by the respondent No.1-Nagpur Improvement Trust informing

the petitioner of the cancellation of licence regarding use of Plot

No.2, admeasuring 2,58,440 sq.ft., situated at Reshimbag,

Nagpur, on the ground that the same is required by he

Government for the proposed Sports Complex for the benefit of

public at large. It is not in dispute that the similar claim made by

the C.P. and Berar Education Society and the Head Master, Neil

City High School in Writ Petition Nos.356 of 2003 and 978 of

1999 was considered by this Court, and after recording the

statement made by the Nagpur Improvement Trust that the land

is not needed for construction of Sports Complex, it is held that

the notice dated 5-3-1999 does not survive.

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2. In the aforesaid decision delivered on 5-3-1999, this

Court directed the petitioners in the said writ petitions and the

respondent No.1-Nagpur Improvement Trust to work out the

terms and conditions of grant by negotiations as per law.

Shri Kunte, the learned counsel appearing for the respondent

No.1-Nagpur Improvement Trust, submits that the proposal has

already been prepared by the Nagpur Improvement Trust for

grant of land in question on lease for a period of fifteen years

upon certain terms and conditions stipulated therein. He,

however, submits that there is no response from the petitioners.

3. In view of above, the petitioners are at liberty to

approach the respondent No.1-Nagpur Improvement Trust for

negotiations and settlement of the terms and conditions of such

lease. Shri Deshpande, the learned counsel for the petitioners,

insisted that there should be a clause of renewal of lease after

expiry of the period of fifteen years. Shri Kunte, the learned

counsel for the respondent No.1-Nagpur Improvement Trust,

submits that for incorporating such clause, the Board-resolution

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will have to be passed, and the Nagpur Improvement Trust has

already taken a decision to grant lease for a period of fifteen

years.

4. In such a situation, we feel that the petitioners shall be

at liberty to approach the Nagpur Improvement Trust prior to the

period of six months of the expiry of the lease period of fifteen

years, and if such request is made, the same shall be considered

by the Board in accordance with law. The proposal for grant of

lease for a period of fifteen years given by the respondent No.1-

Nagpur Improvement Trust shall be responded to by the

petitioners within a period of one month from today. If within a

period of two months from today the settlement on the terms and

conditions of lease is not arrived at between the parties, by way

of negotiations, the respondent No.1-Nagpur Improvement Trust

shall be at liberty to proceed further in accordance with law.

5. In view of above, this petition is allowed. The notice

dated 5-3-1999 at Annexure-IV to this petition, issued by the

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respondent No.1-Nagpur Improvement Trust, is hereby quashed

and set aside.

6. Rule is made absolute in the aforesaid terms. There

shall be no order as to costs.

                             JUDGE.                                   JUDGE.

   Lanjewar