Narayanrao Jagoba Ji Gowande Public Trust Vs. State of Maharashtra
|
Head Note
Constitution of India, 1950 - Article 14 , Indian Contract Act, 1872 - Section 23 , Section 25
Maharashtra Regional & Town Planning Act, 1966 - Nagpur Corporation Act, 1948, Chapter-V, Sections 59-112 - Nagpur Improvement Trust Act, 1936 - Land Allotment - Public Purpose - Contention on behalf of appellant-trust that the impugned clause in the development agreement dated 21.02.1985which provides for the transfer of developed land by the land owners to NIT free of cost and without payment of any compensation, is void and unenforceable in law in the light of the provisions of Sections 23 and 25 of the Act, 1872 - Appellant- trust accepted and acted upon the said development agreement like other beneficiaries who are either the societies or other similar persons who are benefited by the approved scheme of the NIT -Appellant-trust has accepted all the terms and conditions of the development agreement without any objection while executing the same - Impugned clause of the said development agreement provides for the transfer of land in favour of NIT which is earmarked in the layout for the public utility purpose - The same is in terms of the approved development plan by Maharashtra Government and as per the provisions of the Maharashtra Act, 1966 contained in its Chapter-V i.e., Sections 59-112 and Nagpur Act, 1948 - Findings recorded on the relevant contentious issues by the High Court in the impugned judgment with cogent and valid reasons held to be legal and justifiable - No valid reason, whatsoever, to interfere with the said impugned judgment.
Topic(s)-Land Allotment - Public Purpose - Yes