MUMBAI: Bombay High Court has directed the State government to consider giving surplus land to trust to set up a school for the mentally challenged at Malwani, Malad (west).
A division bench of Chief Justice Mohit Shah and Justice Anoop Mohta on November 19, 2012 hearding a petition filed petition filed by Vallabhdas Dagara Indian Society for Mentally Retarded over the delay in releasing a plot allotted to it for setting up a school. On September 22, 2011 the court had restrained the State government from selling or de-reserving the land. The trust moved court apprehending that the land may be given to developers.
According to the petition, the Trust began a school for the mentally challenged in 1976 with 8 students and by 1980 had increased to 80 students . In 1985 it also began a girls hostel. In 1981 the Trust purchased a plot of land and constructed a 6 storeyed building opposite Malad Railway Station .
The petitions states that February 19, 1991 the State notified reservation of a 13700 square metres plot at Malwani village for the mentally challenged and also published in the government gazette. Subsequently the Social Service and Cultural Department on January 6, 2006 wrote to the Revenue Department saying the government is convinced about the allotment to the Trust. The court was informed that the Trust was made to run from pillar to post to various government departments for various compliances and even after compliances were fulfilled, the allotment is yet to be done.
The additional government pleader placed on record a letter dated October 25, 2012 of the State government informing the collector that the proposal of the Mumbai Metro Railway for allotment of 19.59 hectares land forfor its railway car depot is under consideration. Petitioner's advocate submitted that no final decision has been taken by the State government to allot the land to Mumbai Metro Railway. Also that even after such a decision is taken, there will still be surplus land which can be allotted to the petitioner-trust.
Modifying its September 22, 2011, the judges said it will be open to the State government to consider allotment of land to Mumbai Metrol Railway and if further land is available, it shall also consider the application of the petitioner-trust for allotment of land. The judges directed that the government shall also give the representative of the petitioner-trust a personal hearing before taking a final decision on its application. The matter will be next heard on December 17, 2012.
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