Bombay High Court
Vijay Janardan Deshpande vs State Of Mah. & 5 Others on 11 August, 2017
Bench: B.P. Dharmadhikari
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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
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.
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
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.
