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3. The petitioner named as Nandesari Education Trust claims to be running a school - Nandesari Vidhyalay in the industrial estate of the Corporation. In the year 1997 Trust was allotted Plot No.1-D admeasuring about 3000 sq. mtrs. of the Corporation for the purpose of constructing the building. The school was in need of some open space for playground, therefore upon an application made by the petitioner Trust in the year 1998, a further space in the nature of Plot No.1-E was alloted. The area thereof, as claimed by the petitioner, was 3,046.56 sq. mtrs. The allotment letter for the said Plot No.1-E was issued on 22nd April, 1998. The said land was allotted free of cost as per the case of the petitioner. As per the case of the petitioner, compound wall is required to be constructed covering the said open plot for which Member of Parliament has allowed a grant to be spent.

4.1 Learned advocate for the Corporation relied on the affidavit-in-reply to invite attention of the HC-NIC Page 3 of 8 Created On Sun Sep 10 06:25:42 IST 2017 C/SCA/7968/2010 JUDGMENT Court to paragraphs 4 and 5 of affidavit-in-reply, in which it is contended as under.

"4. ... ... ... originally the school was allotted 3000 sq.mtrs. of land in the name of Nandesari Education Trust, way back on 7th June, 1982 and this allotment was made on a token rent of Re.1/- and one license agreement on 09.07.1982 was executed, physical possession of the said plot had been handed over to the petitioner on 12.07.1982. That thereafter, the petitioner trust had requested for the allotment of the adjacent plot No.1/E for the purpose of playground for the school and the children studying therein. That GIDC in its 378 Board Meeting resolved to allot the plot No.1/E admeasuring 3046.56 sq.mtrs. to the present petitioner for the purpose of playground free of cost. Accordingly, allotment in respect of the said plot was made and order was passed on 27.04.1998 and a deed was executed on 01.06.1998 and physical possession of the plot accordingly was given on 20.10.1999. That the adjoining plot No.1/F was earmarked for the shopping centre in the development plan of the Nandesari Industrial Estate and that shopping centre for which plot was allotted on 13.02.2002 and at that time internal passage was arranged to the tune of 2.75 M wide and that road was provided along with the side of plot No.1/F.

5. ... ... ... after the allotment of the plot to the petitioner, it was the party of the duty of the petitioner to see that the compound wall is constructed but no compound wall was constructed surrounding the plot No.1/E and the construction of the compound wall which was started some six years back of the plot in question from the funds of the Hon'ble Member of Parliament. While doing the construction work of the compound wall in the Western side of the plot No.1/E there was an existence of 4.30 M wide road constructed by the Member of Legislative Assembly from M.L.A. Funds shall hamper the construction since the road has already been made for the public use. That the petitioner herein has represented to remove the said 4.30M wide public road and the Chairman and the Managing Director of the GIDC had visited personally to the site and thereafter as per the directions given in the previous petition, a decision was taken whereby it has been decided that 4.30 M wide of RCC road which has been constructed on plot No.1/E long back through the M.P. Funds and the road is in public use since several years and therefore, the petitioner having not taken any objection and the public road having come into existence, with the use of public money and if the road is stopped, the number of problems of public importance would arise. Not only that, but, in the aforesaid background, it was decided that open land admeasuring 248.11 sq.mtrs. (4.30 X 57.70 M) would be reduced from the original one and it HC-NIC Page 4 of 8 Created On Sun Sep 10 06:25:42 IST 2017 C/SCA/7968/2010 JUDGMENT was decided that this reduction of the small area of the plot would not adversely affect the purpose of the playground because, the remaining area of the land admeasuring 2798.45 sq.mtrs. would remain with the petitioner trust for the purpose of playground and therefore, the area admeasuring 248.11 sq.m has been reduced from the plot area of plot No.1/E and same has been earmarked for the public road and accordingly, it has been decided to revise the development plan and it has been decided that the area allotted to the petitioner has been reduced and the net area, which would remain with the petitioner trust would be 2798.45 sq.mtrs. Instead of 3046.56 sq.mtrs."

3. Nandesari Education Trust may construct the compound wall after leaving open the 4.30 mtrs. wide RCC road parallel to 2.75 mtrs. internal passage. Therefore, the area of plot No.1/E will not be revised as 2798.45 sq.mtrs. instead of 3046.56 sq. mtrs."

5.1 The position which obtains is that a road is made to pass across the Plot No.1-E which is 4.30 mtrs. Wide road admeasuring 248.11 sq. mtrs. The remaining area of the Plot No.1-E would be 2,798.45 sq. mtrs. This entire area of 2,798.45 sq. mtrs. is to remain with the petitioner Trust to be used as playground. The aforesaid road is part of the development plan and barring the portion of the road, GIDC has no objection if the petitioner is to erect the compound wall to cover the area of playground.