Arun S/O Nilkanth Dhume And ... vs Nagpur Improvement Trust, Thr. ...
2023 Latest Caselaw 11261 Bom

2023:BHC-NAG:16057-DB

                                              1                             wp6759.23




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


                WRIT PETITION NO. 6759 OF 2023


                1) Arun s/o Nilkanth Dhume,
                   Aged about 80 years, Occ.- Retired,

                2) Nikhil s/o Arun Dhume,
                   Aged about 45 years, Occ.- Pvt. Service,

                   All R/o Flat No. 101, Tara Apartment,
                   Plot No.12, Chandak Layout,
                   Chhatrapati Nagar, Nagpur - 440015.         ....    PETITIONERS


                             VERSUS


                1) Nagpur Improvement Trust,
                   through its Chairman,
                   Office at Station Road, Sadar, Nagpur.

                2) Building Engineer (West),
                  Nagpur Improvement Trust, Office
                  at Station Road, Sadar, Nagpur.              ....    RESPONDENTS

                ______________________________________________________________

                           Mr. P.R. Agrawal, Counsel for the petitioners,
                            Mr. G.A. Kunte, Counsel for the respondents.
                 ____________________________________________________________

                                   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 2 wp6759.23

consent of the learned Counsel for the parties.

2. The challenge raised is to the order dated 05-7-2022 issued by

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

rejecting the building plan of the petitioners seeking development work

in the context of Plot No.83 admeasuring about 216 square meters of

Mouza-Sonegaon.

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 petitioners 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 05-7-2022 passed by the

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

respondents shall reconsider the said proposal and take a decision 3 wp6759.23

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

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

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 11:12:32