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14. The Divisional Commissioner, Nagpur, in his detailed proposal dated 31-5-2012 forwarded to the Additional Chief Secretary, Revenue and Forest Department, has stated that the land admeasuring 30,732.94 square meters from Survey No.532 of Mouza Indora, and Survey No.1414 of Mouza Jaripatka is available, which can be clubbed together with the land allotted to the said Society, and a revised layout can be sanctioned. The proposal mentions that as per the ready reckoner of 2012, the valuation of the open land in Mouza Jaripatka was fixed at Rs.18,500/- per square meter, whereas the valuation of the land at wp(pil)1515.08 & connected matters.odt Mouza Indora was found to be Rs.19,500/- per square meter. Therefore, the total valuation of the land admeasuring 27,164.10 square meters was calculated at Rs.52,50,88,000/- as per the ready reckoner of 2012. It is further mentioned in the proposal that the State Government will have to take decision in respect of the price of land, the terms and conditions, and the deletion of reservation of the adjoining land. Such proposal was also submitted by the Commissioner, Nagpur Municipal Commissioner on 15-7-2011. The Divisional Commissioner, Nagpur, also forwarded the same valuation by his communication dated 2-7-2012.

15. In the affidavit dated 19-7-2012 filed by the Additional Chief Secretary, Revenue Department of the State Government, it is stated that the State Government is willing to accept the proposal submitted by the Nagpur Municipal Corporation. The Government has calculated the actual requirement of the land for sanctioning the revised layout and has come to the conclusion that the land admeasuring 27,164.14 square meters will be necessary for the purpose. It is further stated that the Government is willing to grant this adjoining land, which is reserved for residential purpose, in the wp(pil)1515.08 & connected matters.odt sanctioned development plan to the said Society subject to certain terms and conditions specified therein.

16. The decision of the Cabinet taken in its meeting held on 3-9-2014 is communicated to the Divisional Commissioner by the Secretary, Department of Revenue and Forest, on 26-4-2016. The decision states that in exercise of the power conferred by Section 40 of the Maharashtra Land Revenue Code, 1966, it is decided to allot 27,164.14 square meters of Government land in CTS 532, Indora Ground, and CTS No.1414, behind ITI, Mouza Jaripatka to the said Society in order to make out the deficit caused due to encroachment of the land of the said Society, located at Mouza Hansapuri, Jaripatka and Indora. The decision is on certain terms and conditions stipulated therein, which include clubbing of this area with the existing area of the layout and thereafter the reservation of 15% as open space in terms of Clause 13.3.1(b), and 5% for public utility in terms of Clause 13.8 of the Development Control Regulations in the revised layout, which shall have to be handed over free of cost to the Nagpur Municipal Corporation. This decision is subject to the approval of this Court. If this Court wp(pil)1515.08 & connected matters.odt approves the decision, then obviously the implementation of such decision shall be by issuing the Government Resolution, which has till this date not been issued.

"4. I further say and submit that, on 04.03.2013, the Deputy Director, Town Planning Department, Nagpur Division, Nagpur prepared a detailed note that land admeasuring 27,164.10 sq.mtr would be required for making up the deficit of public utility and open spaces in the layout."

"5. I further say and submit that, the Council of Ministers, after going through the detailed Cabinet Note, took a conscious decision on 03.09.2014, that land admeasuring 27164.14 sq.mtrs. be allotted to the Bezanbagh Pragatisheel wp(pil)1515.08 & connected matters.odt Kamgar Gruhnirman Sahakari Sanstha in order to make up the shortfall of public utility and open spaces in the layout and thereafter the Corporation should accord approval to the revised layout plan of the society which would enable regularisation of unauthorised structures on the public utility and open spaces of the layout."