Vrushali V. Joshi DECISION
1. Challenge raised in the present writ petition filed under Article 226 of the Constitution of India is to the decision taken as indicated in the Note Sheet dated 08.03.2021 by the second respondent-Nagpur Municipal Corporation through its Municipal Commissioner with regard to taking over possession of land admeasuring 3641.19 square meters from Gat Nos. 68 and 69 for public utility purpose and preparing a possession receipt in that regard. Challenge is also raised to the possession receipt dated 01.04.2021 indicating possession of the aforesaid land being taken by the Estate Officer, Nagpur Municipal Corporation from the fourth respondent-President, Ganeshdham Nagrik Samiti, a public Trust registered under the Maharashtra Public Trusts Act, 1950 (for short, the Act of 1950).
2. In the writ petition, the following prayers have been made by the petitioners:
(i) Kindly declare that the entire action of the respondent Corporation i.e. 2, 3 and 4 is illegal, null and void and cannot sustain in the eyes of law, it be further declared that the respondent no.4 has no right to surrender the property of the petitioner to respondent Corporation and the Respondent Corporation authorities have no right to receive the property of the petitioner.
(ii) Quash and set aside the Order dated 08.03.2021 passed by R.No.2 (now annexed as Annex-W) and consequently order dated 01/04/2021/02.04.2021 (Annexure P) passed by Respondent no.3 in the interest of justice and further be pleased to declare all consequential orders as illegal and against the provision of law.
(iii) Kindly grant stay to the impugned order dated 08.03.2021 and order dated 01.04.2021 (Annexure-P) passed by respondent Corporation and restrain the respondent Corporation from interfering or creating third party interest or illegally transferring the property of petitioner through their workers, agents or associates in any manner in the interest of justice.
(iv) Direct the respondent no.5... (this prayer clause is deleted in view Hon'ble CO= order dated 21.03.2023)
(v) Kindly grant compensation to the tune of Rs.10(Ten) Lacs to the petitioner Trust for mental harassment caused due to deceptive and illegal action of the respondent nos. 3 and 4 jointly and severally.
(vi) Any other relief which this Hon'ble Court deems fit and proper under the facts and circumstances of the case."
3. On hearing the learned counsel for the parties and after perusing the records of the case, we find that consideration of the prayers made in the writ petition would require factual adjudication on various disputed aspects. The same are as under :
(a) On 12.09.2020 the President of the fourth respondent issued a communication to the Nagpur Municipal Corporation stating therein that land to the extent of 3641.19 square meters from Gat Nos.68 and 69 earmarked as public utility land be taken over and mutation entry to that effect be recorded (Page 319 of the writ petition). On that basis the Municipal Corporation authorities on 08.12.2020 prepared a note sheet requiring spot inspection to be undertaken to enable transfer of this land in favour of the Municipal Corporation (Page 320 and 321 of the writ petition). On aforesaid basis, Note Sheet dated 08.03.2021 came to be prepared authorising the taking over of possession of land to the extent of 3641.19 square meters (Page 208-A and 208-B of the writ petition). Pursuant thereto, on 01.04.2021 possession of the aforesaid land was taken over by the Estate Officer of the Nagpur Municipal Corporation and possession receipt to that effect was executed (Page 133 of the writ petition).
The aforesaid indicates that presently the subject land vests with the Municipal Corporation and possession of the ........