Bhushan S/O Nathuramji Zade And ... vs State Of Maharashtra, Through ...
2022 Latest Caselaw 5166 Bom

                                                                907jud wp 3057.2020.odt
                                           1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

                    WRIT PETITION (WP) NO. 3057/2020

1.       Shri Bhushan s/o Nathuramji Zade,
         Aged about 48 years, Occupation : Business,
         R/o 105, Raje Raghuji Nagar,
         Nagpur - 440024

2.       Shri Ramakant s/o Nathuramji Zade,
         Aged about : 58 years, Occupation : Business,
         R/o Plot no. 4, Rashmi Pryoag Apartment,
         tatyatope nagar,
         WHC Road Nagpur. 10                         ..... PETITIONER(S)

                                   // VERSUS //

1.       State of Maharashtra,
         Through Ministry of Urban Development,
         Through its Secretary,
         Mantrayala, Mumbai - 400 032

2.       Nagpur Improvement Trust,
         Nagpur through it's Chairman,
         Having it's Office at Sadar, Nagpur.

3.       Nagpur Municipal Corporation,
         Nagpur through it's
         Municipal Commissioner,
         Civil Line, Nagpur.                                 .... RESPONDENT(S)
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Shri M. Anilkumar, Advocate for the petitioners Smt. Shamasi Haider h/f. Miss. Nivedita P. Mehta, AGP for respondent no. 1 Shir S.M. Puranik, Advocate for respondent no. 2 Shri Girish A. Kunte, Advocate for respondent no. 3

---------------------------------------------------------------------------------------

CORAM : A.S. CHANDURKAR AND URMILA JOSHI-PHALKE, J.J.

DATED : 08/06/2022

ORAL JUDGMENT : (PER:- A. S. CHANDURKAR, J.)

SMGate 907jud wp 3057.2020.odt

Rule. Rule made returnable forthwith.

2. The challenge raised in this writ petition is to the order

dated 22.04.2020 as communicated to the petitioners vide

communication dated 23.04.2020 issued by the respondent no. 3 to the

petitioner no. 2 informing him that his request for regularization of Plot

Nos. 42, 43, 48 and 49 cannot be accepted since they fall in the open

space. It is the case of the petitioners that on 30.07.2002 they had made

an application for regularization of the aforesaid plots prior to coming

into force of the Maharashtra Gunthewari Developments (Regularisation,

Upgradation and Control) Act, 2001. The Planning Authority considered

the said application and the petitioners were informed that an amount of

Rs.1,46,196/- would have to be deposited by the petitioners. In the

meanwhile, there was change in Planning Authority and ultimately on

23.04.2020 the respondent no. 3 informed the petitioner no. 2 that it

would not be possible to regularize the aforesaid plots since they were

shown in the open space. Being aggrieved, the aforesaid communication

is under challenge.

3. After hearing the learned Counsel for the parties, it is seen

that pursuant to the petitioners application dated 30.07.2002 the

Planning Authority examined the matter and had opined that there

would be no objection to regularize the aforesaid plots. The petitioners

SMGate 907jud wp 3057.2020.odt

were informed that the amount of Rs.1,46,196/- would have to be paid

and the petitioners had consented for the same on 09.04.2018. It

however appears that without considering effect of the earlier note-

sheets, the order dated 22.04.2020 came to be issued. It is now informed

that presently the Nagpur Improvement Trust - respondent no. 2 is the

Planning Authority and it would be therefore necessary for the present

Planning Authority to consider the petitioners' application dated

30.07.2002. However for doing the same, the order dated 22.04.2020

passed by the Nagpur Municipal Corporation would come in the

petitioners way. Since it has been found that this order was passed

without considering the effect of the earlier note-sheets and demand

made to the petitioner, it would be necessary to set aside this

communication.

4. Accordingly, the following order is passed:-

(a) The order dated 22.04.2020 is set aside.

(b) The respondent no. 2 - Nagpur Improvement Trust

shall consider the petitioners' application dated 30.07.2002

for regularization of Plot Nos. 42, 43, 48 and 49 in

accordance with law after considering the earlier record.

The same be done within a period of three months from the

receipt of copy of this judgment.

SMGate 907jud wp 3057.2020.odt

(c) All points in that regard as raised in the writ petition

are kept open.

5. Rule is made absolute in the aforesaid terms with no order

as to costs.

                   (URMILA JOSHI-PHALKE, J.)         (A.S.CHANDURKAR, J.)



           Digitally
           signed by
           SANDIP
SANDIP     MAHADEV
MAHADEV    GATE
GATE       Date:
           2022.06.10
           18:21:30
           +0530




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