1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4104 OF 2004 1.Swami Samarth Shikshan Sanstha and Anr. ...Petitioners vs. 1.The Municipal Corporation and others. ...Respondents. --- Mr.Y.S.Jahagirdar, for Petitioners. Ms.Shinde i/b. A.S.Rao, for Respondent nos.1 & 5. Mr.V.S.Masurkar, G.P. For Respondent nos.2 to 4. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 9th September,2008. P.C.:- 1. The petition relates to the allotment of a piece of land which is within the limit of Kalyan- Dombivali Municipal Corporation. It is common ground 2 that in the development plan that piece of land is reserved for being used for eductional purpose. It appears from the record that the Government had initially allotted the said land to Kalyan-Dombivali Municipal Corporation but now the Government has withdrawn the land and the land is with the Government. The petitioner had applied for allotment of that land for being used for educational purpose, the petitioner being an educational trust. A report was submitted to the Government that the petitioner does not have financial capacity to purchase the land. That communication was of the year 2004. 2. In our opinion, now because of passage of time, on the material that relates to the year 2004 it will not be appropriate to decide the petition on merit. Now as the Government itself has taken over the land, it is for the Government to decide whether it wants to allot the land to somebody else or it wants to use the land itself. In case, the Government decides to allot the land to somebody else for the purpose for which it is reserved, in that event the Government has to follow the law governing 3 allotment of Government lands. In our opinion, therefore, the following order would meet the ends of justice:- The State Government shall, within a period of four months from today, take a policy decision as to whether it wants to use the land itself or it wants to allot the land to others. In case, the Government decides to allot the land it shall take steps to allot the land in accordance with law. In that event, the petitioner no.1 shall be entitled to make application for allotment of the land and in case petitioner no.1 makes an application for allotment of land, it shall be considered by the Government in accordance with law without being influenced by the report and orders that have previously been made. The petition is disposed of. (D.K.DESHMUKH, J.) 4 (J.P.DEVADHAR, J.)