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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 1388 OF 2001
1. Vijay s/o Janardan Deshpande,
aged 65 years, retired Professor,
r/o Raja Baksha, Behind Medical
College, Nagpur.
2. Rajendraprasad Awasthi,
aged 42 years, r/o Sitabuldi Main
Road, Nagpur. ... PETITIONERS
Versus
1. The State of Maharashtra,
through its Department of
Cooperation & Marketing,
Maharashtra State, Mantralaya,
Mumbai 400 032.
2. Commissioner for Cooperation
& Director of Marketing,
Administrative Building, Pune.
3. District Deputy Registrar,
Cooperative Societies, Nagpur.
4. Nagpur Improvement Trust,
Nagpur through its Chairman.
5. Nagpur Municipal Corporation,
Nagpur through its Commissioner.
6. Agricultural Produce Market
Committee, Nagpur through its
Secretary. ... RESPONDENTS
Shri Ram Karode with P.C. Madkholkar, Advocates for the
petitioners.
Shri K.L. Dharmadhikari, AGP for respondent Nos. 1 to 3.
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Shri R.O. Chhabra, Advocate for respondent No. 4.
Shri Uday Dastane, Advocate for respondent No. 6.
.....
CORAM : B.P. DHARMADHIKARI &
ARUN D. UPADHYE, JJ.
AUGUST 11, 2017.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.) Heard Shri Karode, learned counsel for the petitioners, Shri Dharmadhikari, learned AGP for respondent Nos. 1 to 3, Shri Chhabra, learned counsel for respondent No. 4, Shri Dastane, learned counsel for respondent No. 6. Nobody appears for respondent No. 5.
2. The lease deed of land alloted by Respondent No. 4 to the petitioners is registered on 25.08.2011. It is apparent that the process of regularization / compounding of construction which has come up on the leased land, could commence thereafter. The Nagpur Improvement Trust (NIT) or other Planning Authority, therefore, has to keep in mind Development Control Rules of 2000 as appended in the petition or other relevant Development Rules, for the purposes of regularization and compounding. The charges payable on that ::: Uploaded on - 16/08/2017 ::: Downloaded on - 17/08/2017 01:48:58 ::: wp1388.01 3 count must be in consonance with said Rules and Respondent No. 6 - Agricultural Produce Market Committee (APMC) has to pay the same to the Planning Authority. Without paying the regularization/ compounding charges, lease cannot be complete.
3. Shri Dastane, learned counsel submits that about Rs. 15 lakh is already paid towards compounding charges and a revised lay out plan with construction has been submitted to the NIT. It is still under consideration. According to him, after the plan is approved, the exercise of regularization and computation of charges therefor or for compounding can be undertaken. Respondent No. 6 has to pay ground rent as demanded by the NIT. Shri Dastane, learned counsel submits that ground rent has already been paid and is being paid to the NIT.
4. Shri Chhabra, learned counsel submits that every year Respondent No. 6 is expected to pay the ground rent as per lease agreement.
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5. The petitioners seek a direction for levy and assess taxes and for its recovery. Respondent No. 5 - Nagpur Municipal Corporation (NMC) may be providing drinking water and sanitation / conservancy or allied services to the building constructed and in market yard of APMC. Nobody appeared for respondent No. 5 nor reply affidavit has been filed.
6. In this situation, it is not very clear whether the Corporation has fully recovered its dues. According to Shri Dastane, the Nagpur Municipal Corporation has no jurisdiction to demand any tax from it. In lease deed registered between NIT and Respondent No. 6, Respondent No. 6 has agreed to shoulder that responsibility.
7. In this situation, we find that the interest of justice can be met with by directing the Nagpur Municipal Corporation to verify within eight weeks from today whether all its taxes and dues if levied, have been paid by Respondent No.6- APMC. Similarly, respondent No. 4 - NIT to expedite the process of ::: Uploaded on - 16/08/2017 ::: Downloaded on - 17/08/2017 01:48:58 ::: wp1388.01 5 consideration of revised plan and to complete it as per law in next four months. The necessary charges thereafter shall be deposited by respondent No. 6. After plan is finalized, compounding charges, revised ground rent etc. shall be worked out by the NIT as per law within next two months and Respondent No. 6 shall deposit that amount with the NIT in further two months.
8. It is made clear that by participating in this exercise, Respondent No. 6 - APMC is not waiving any of its legal contentions and right to challenge the exercise on merits.
9. Accordingly, with these directions, we partly allow the present writ petition and dispose it of. However, in the facts and circumstances of the case, there shall be no order as to costs.
JUDGE JUDGE
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*GS.
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