VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 5294 OF 1999 IN CIVIL APPLICATION No. 1489 OF 2006 Rustom Jeejeebhoy & Ors. Petitioners Vs. State of Maharashtra & Ors. Respondents Mrs. Kiran Bhagalia, for Petitioners. Mrs. P. S. Cardoza, for respondent Nos. 1 and 2. Mr. R. S. Apte, for respondent No.3. CORAM : BILAL NAZKI, AND A. P. BHANGALE, JJ. DATE : APRIL 16, 2008. PC :- . Heard the learned counsel for the parties. The grievance of the petitioners was that a school had been established by one Byramjee Jeejeebhoy. After he purchased the land one Rustomji Ardesar Wadia initially established the school in the year 1821 on the land owned by him. In the year 1880, the School and the land pertaining to the school buildings were conveyed and confirmed unto the then Secretary of State in Council for a sum of Rs.8,500/-, explicitly for running a High - 2 - School. The Trust formed by Byramjee Jeejeebhoy, contributed a substantial sum of Rs.5,000/- out of the said amount of Rs.8,500/-, for which the property was purchased. The contribution was made by Byramjee Jeejeebhoy on the condition that after the purchase of the premises, it should be in a Trust by an indenture dated August 14, 1880. The contention of the petitioner is that the school as such is not a government school but is a school of a Trust and the government in this case being successor to the Secretary of State in council was a trustee. The grievance was that the school building was dilapidated and now it was sought to be converted into shopping malls. Counter affidavit has been filed in which it has been denied that any shopping mall is being constructed. It is stated that since building is dilapidated, the students were shifted to another building and the construction of a new building commenced in the same premises for the purpose of school in the year 1998. It is submitted that amount of Rs.54,82,000/- has been received for the construction of school from March 1998 till March 2008. A meagre sum of Rs.15.57 lakhs has been even spent and Rs.39.25 lakhs is in balance. Since the respondents have categorically stated that the premises shall be used exclusively for school and school building is to be constructed and therefore, the grievance of the petitioner that shopping - 3 - mall is being constructed, stands redressed. The learned counsel for the petitioner further submits that for the last ten years the government has spent only a meagre sum of Rs.15 lakhs for construction of a school. Therefore, the respondents should be directed to complete the building within specific period of time. The learned counsel for the respondents submit that work of construction of school building could not be completed although the construction of the school project has been taken in hand in the year 1998. Ten years have already passed and only meagre sum of Rs.15 lakhs has been spent towards water pump house, water tank, residence for watchman, compound wall etc. and the actual construction of the school building is yet to start. Since the respondents have not spelt out any time frame, we direct them that the school be constructed within five years. In case the respondents could not complete the project of construction of school building within a period of five years, for any reason whatsoever, they are at liberty to approach this Court for extension of time. But such an application shall be made within six months from today. We dispose of the writ petition with above observation. 2. In view of disposal of writ petition, Civil Application No. 1489 of 2006 does not survive for - 4 - consideration which is accordingly dismissed. Sd/- [ BILAL NAZKI, J. ] Sd/- [ A. P.BHANGALE, J.]