Sau. Abha Rajendrasingh Bais vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 11254 Bom

2023:BHC-NAG:16064-DB

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


                WRIT PETITION NO. 4458 OF 2023


                Sau. Abha Rajendrasingh Bais,
                Aged about 56 years,
                Occupation - Housemaker,
                R/o Plot No.54, Sujata Layout,
                Dindayal Nagar, Nagpur.                            ....   PETITIONER


                             VERSUS


                1) State of Maharashtra,
                   through Secretary, Urban
                   Development, Mantralaya,
                   Mumbai-32.

                2) The Nagpur Improvement Trust,
                   through its Chairman,
                   Station Road, Sadar, Nagpur.                    ....   RESPONDENTS

                ______________________________________________________________

                            Mr. P.S. Chawhan, Counsel for the petitioner,
                         Mr. H.D. Marathe, AGP for respondent No.1/State,
                           Mr. G.A. Kunte, Counsel for respondent No.2.
                 ____________________________________________________________

                                    CORAM : A.S. CHANDURKAR
                                            & ABHAY J. MANTRI, JJ.

DATED : 2nd NOVEMBER, 2023

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

Rule. Rule made returnable forthwith. Heard finally with the

consent of the learned Counsel for the parties.

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2. The challenge raised is to the order dated 09-5-2022 issued by

the Building Engineer (West) of the Nagpur Improvement Trust thereby

rejecting the building plan of the petitioner seeking development work

in the context of Plot No.54 admeasuring about 2400 square feet of

Mouza-Bhamti.

3. After hearing the learned Counsel for the parties, we find that

similar issue has been considered by this Court in Writ Petition

No.8285/2022 (Kartiki d/o Jagdish Pawar and another vs. Nagpur

Improvement Trust and another) decided on 14-2-2022. We find that

the rejection of the building permit on similar ground was set aside in

the light of discussion in paragraph Nos. 8 and 9 of the said judgment.

The plot in question is already regularized by the Development

Authority and we find that the petitioner would be entitled to the

benefit of aforesaid decision.

4. Accordingly for reasons recorded in the decision in Kartiki

Jagdish Pawar (supra), the order dated 09-5-2022 passed by the

Building Engineer (West), Nagpur Improvement Trust is set aside.

Respondent No.2 shall reconsider the said proposal and take a decision

subject to all necessary considerations. The said decision shall be taken

within a period of eight weeks of receiving copy of the judgment.

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5. Rule is made absolute in aforesaid terms. No costs.

(ABHAY J. MANTRI, J.) (A.S. CHANDURKAR, J.)

adgokar

Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 04/11/2023 11:16:51