1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.153 OF 2009 IN WRIT PETITION NO. 4730 OF 2005 ... Dnyandeo Siddhabet Tapovan ...Applicant v/s. The State of Maharashtra & Ors. ...Respondents ... Mr.A.V.Anturkar with Mr.S.B.Deshmukh for the Applicant. Mr.Ravi Kadam, Advocate General with Mr.S.R.Nargolkar, AGP for State. Mr.J.S.Yadav i/b Vilas B.Tapkir for the Respondent No.3. ... CORAM: D.K. DESHMUKH & A.R.JOSHI,JJ DATED: 11th March,2010 2 P.C.:- Heard learned Counsel for both sides. Perused the orders dated 19th March, 2008, 24th April, 2008 and the order of the Supreme Court dated 7-7-2008. The interim order, even according to the Applicant, that was operating was that the Petitioner was to continue in possession of the land. Now, admittedly the possession of the land is not with the Petitioner, but it is with the State Government. Therefore, there is no question of granting any interim order in so far as possession of the land is concerned. 2. The learned Counsel for the Petitioner/Applicant submitted that during the pendency of the petition the State Government should not be permitted to allot the land to somebody else. 3 3. In our opinion, that apprehension also is misplaced, in view of what is stated in the affidavit filed on behalf of the State Government. Paragraph 3 of that affidavit is relevant. It reads as under:- I further say and submit that the development plan for the area has been submitted in the form of project report by the Divisional Commissioner on 27-8-2008 to the State Government. The State Government proposes to develop the said piece of land by allocation of Rs.100 crores of which Rs.25 crores are intended to be released for development of the land by way of erecting Dnyan Mandir, construction of residential accommodation for the devotees (Bhakti Niwas), construction of retaining wall on the riverside, development of internal roads and development of gardens. The State Government therefore intends to develop the land itself. It is clear that the Government has no proposal to allot the land to anybody else. It has also come on record that presently the land is in green-zone and therefore, no 4 construction is possible on the land. Therefore, there is no question of hearing this petition out of turn as the situation stands today. However, in case either the purpose for which the land is reserved is changed or the Government intends to allot the land to somebody else, the Petitioner/Applicant shall be free to make an application for necessary relief. Civil Application disposed of. ( D.K. DESHMUKH,J.) ( A.R.JOSHI,J)