1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1481/2008 (Prerna Sewa Mandal VERSUS State of Mah. & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. Anand Parchure, counsel for the petitioner. Mr. N.W. Sambre, counsel for the R-2. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : APRIL 8, 2008. Heard. In the present writ petition, the petitioner is seeking direction to the Nagpur Improvement Trust to handover the possession of area admeasuring 343.41 Sq. Meters to the petitioner society as per the original allotment order dated 29.08.1985 out of Plot No.B, Manewada Road, Nagpur. Mr. Sambre, the learned counsel for the respondent no.2, has submitted that this is the second or third round of litigation before this Court. On earlier occasion, the petitioner has filed writ petition and canvassed the grievance that the petitioner was given less area of land than the one shown in the allotment order, and therefore, the directions were issued by this Court to conduct the measurement. Pursuant to those 2 directions, the land in question was measured by the officers of the trust in the presence of the members of the petitioner trust and it was noticed that the petitioner has constructed building on the plot in question and there is no other appurtenant land available for the purpose of handing over the same to the petitioner. It is further contended that so far as plot no. B is concerned, it is adjacent plot, and therefore, the land admeasuring 343.41 Sq. Meters out of the said plot cannot be allotted to the petitioner. Mr. Parchure, the learned counsel for the petitioner, further contended that the trust is taking the ground-rent and premium from the petitioner on the basis of the area shown in the original order of allotment dated 29.08.1985, whereas, it is admitted position that the petitioner was given possession of less land to the tune of 343.41 Sq. Meters, and therefore, prayed that appropriate direction in this regard may also be given. So far as the prayer of the petitioner for allotment of land from plot no. B is concerned, we see no justification nor the petitioner would be entitled for the same in view of the fact that so far as the plot of the petitioner is concerned, there is no appurtenant land available for handing over the possession, at the same time, the petitioner 3 will not be automatically entitled to get the land from the adjacent plot, and therefore, we reject that prayer of the petitioner. However, so far as issue about charging ground-rent and premium is concerned, it is open for the petitioner to make a representation to the Nagpur Improvement Trust within a period of two weeks and if such representation is made, we expect the Nagpur Improvement Trust to look into the same and take a decision thereon within a period of six weeks from the date of receipt of the representation. With these observations and directions, the writ petition is disposed of. JUDGE JUDGE APTE