Sau.Shantabai W/O. Uttamrao ... vs State Of Maharashtra & Another
2017 Latest Caselaw 3712 Bom

Judgment                                                                                               wp.1962.02

                                                           1



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                                  WRIT PETITION N0.1962 /2002

*              Sau. Shantabai wd/o Uttamrao Lekurwale 
               (DEAD)  : Through Legal heir :
               Rajkumar s/o Uttamrao Lekurwale 
               R/o  Rathi Layout, 
               Zingabai  Takli, Ward No.1, 
               Nagpur  440 030. 
               (Amendment carried out as per order
               of Hon'ble Registrar dtd.15.02.2017)                                           ..PETITIONER.

                                                     VERSUS

1)             State of Maharashtra 
               Through It's Secretary 
               Urban Development ,
               Mantralaya, Mumbai-32.

2)              Nagpur Improvement Trust 
                Through It's Chairman 
                Kingsway, Nagpur.                                            ..RESPONDENTS
                                                                                                        . 
.........................................................................................................................
                Mr.S.P.Kshirsagar, Advocate for  the petitioner;
                Mrs. Geeta Tiwari, Assistant Government Pleader for 
                respondent no.1;
                Mr. Girish  A. Kunte, Advocate for respondent no.2
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                                               CORAM :  R.K. DESHPANDE &
                                                         MRS.SWAPNA JOSHI, JJ.

DATED : 28 th June, 2017

ORAL JUDGMENT: (Per R.K. DESHPANDE, J.)

This petition claims regularization of Plot No. 41 in Khasra No.

198/1 at Rathi Layout, admeasuring about 25 sq.ft. x 70 sq.ft.=1750 sq.ft.

Judgment wp.1962.02

which the petitioner purchased by a registered sale deed dated 19th June,

1973. The regularization was rejected on the ground that the land in

question was affected by 18 metre D.P. Road. The respondent no.2-N.I.T.

has filed an affidavit dated 17.06.2017 stating in paragraph 4 that

requirement of D.P. road is deleted from the Development Plan and,

therefore, there is no impediment in now processing the application of the

petitioner for grant of regularization. According to the respondent no.2 -

N.I.T. the petitioner should file a fresh representation along with the

requisite documents for the purposes of regularization of the plot, to the

N.I.T., under the provisions of Gunthewari Act.

2. Shri Kshirsagar, learned counsel appearing for the petitioner

submits that the application which was already submitted and rejected, can

be reconsidered by the respondent no.2-N.I.T. for regularization of the

plot under the Gunthewari Act. The petitioner assures to supply all necessary

information to respondent no.2-N.I.T. required for considering the

application for regualarization.

3. We, therefore, dispose of this petition with a direction to the

respondent no.2-N.I.T. to consider the application of the petitioner for

regularization of the plot in question, under the Gunthewari Act. The

Judgment wp.1962.02

necessary orders be passed within a period of six months from the date of

completion of all the requirements which shall be called by the respondent

no.2-N.I.T. from the petitioner. No costs.

                          JUDGE                   JUDGE

sahare