Accepting the civic body's policy to set up english medium schools in the city, the Bombay High Court has dismissed a petition filed by Balak Vidya Vihar Trust which challenged the decision of Brihanmumbai Municipal Corporation (BMC) to allot a plot of land in suburban Mahim to another organisation for opening a secondary school.

The petition was dismissed by Justice D K Deshmukh and Justice Anoop Mehta after they took on record a statement of the civic body that it had taken policy decision not to allot the plot to any but and instead set up a school on its own.

The judges observed, "we find from the record that the plot is reserved for municipal primary school. According to section 42 of Maharashtra Regional and Town Planning Act it is the duty of the planning authority to carry out the provisions of the plan and hence BMC cannot permit the plot to be used for any purpose other than the one stated in the plan".

"Really speaking, therefore, there was no question of the Corporation alloting this land to anybody because it was the duty of the civic body to use the plot only as municipal primary school and for no other purpose," they remarked in the order delivered on May 3.

There was a proposal in 1986 to allot this plot to Sane Guruji Vidyalaya but it did not respond and in pursuance to a proposal received from Balak Vidya Vihar Trust, BMC decided to allot this plot to the latter to set up a school. However, ultimately, the plot was alloted to Sane Guruji Vidyalaya.

Being aggrieved, Balak Vidya Vihar Trust moved the High Court.

The Court did not entertain some intervenors who claimed to occupy a portion of the land since last few years. If any of the occupants are not entitled to be accomodated, as per the policy of the Corporation, they will have to be evicted, the judges said.