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C). In the alternative, if the respondent no. 1 is not in a position to return the land, it is liable to allot alternate land to the Trust on freehold tenure."

4. The appellant herein and as well as the State of Maharashtra through its Secretary to the Ministry of Revenue and the Collector, Raigad have been impleaded as party respondents in the said Writ Petition. The first respondent/writ petitioner claims to be one of the Trustees of Sir Khan Bahadur Hormasji Bhiwandiwala Trust (hereinafter referred to as `the said Trust') and the writ petition itself has been filed in his capacity as Trustee. The first respondent in his writ petition pleaded that the said Trust is the owner of land bearing Gat No. 8/0 of village Belpada, Taluka Panvel, District Raigad admeasuring 19 Acres 26.4 gunthas which presently bears Survey No. 465 of village Kharghar Taluka Panvel, District Raigad admeasuring 9 Hectors 96 Aars. The entries in the revenue records according to him disclose the ownership of the said Trust in respect of the land in question. For the purposes of implementation of New Bombay Project vast extent of lands from Panvel Taluka of Raigad district and Thane district were acquired in the year 1972 or thereabout but so far as the land in question is concerned the Trust continued to be the owner since the same were not acquired by the Government at any point of time.

12. We have carefully considered the rival submissions.

13. The High Court in its decision appears to have mostly relied upon the oral statement made through the learned A.G.P. and also some vague averments made by the appellant in its reply affidavit and accordingly disposed of the Writ Petition directing the acquisition of the land. The High Court did not consider as to what is the effect of the said oral statement and the averments made by the appellant in its reply affidavit. Whether such an oral statement coupled with the averments made to the effect that the land is a private land by themselves would amount to recognising the title of the respondent? The fact remains that there is no whisper in the impugned order that Sir Khan Bahadur Hormasji Bhiwandiwala Trust continued to be the true and absolute owner of the land possessing valid and subsisting title as on the date of the filing of the writ petition. Nor there is any finding by the High Court as regards the nature of the land which is one of the most important factor that may have a vital bearing on the issue as to the entitlement of the respondent to get any relief in the writ petition. There is also no finding that the writ petitioner who filed the Writ Petition as an individual is the trustee of the said trust and thus entitled to prosecute the litigation on behalf of the trust. The High Court did not consider as to what is the effect of filing of the Writ Petition claiming to be a trustee without impleading the trust as the petitioner. The High Court ignored the statement made by the respondent in his Writ Petition about his representation to Tehsildar requiring to record his name as an "heir". How can an individual's name be recorded in the revenue records to be an "heir" of a trust property? The High Court never considered the effect of such a statement made by the writ petitioner in the writ petition itself. The High Court also did not consider whether the reliefs claimed could at all be granted in a public law remedy under Article 226 of the Constitution of India.