Vinayak S/O Tukaram Hiware And ... vs Nagpur Improvement Trust, Thr. ...
2023 Latest Caselaw 11262 Bom

2023:BHC-NAG:16056-DB

                                             1                              wp6733.23




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


                WRIT PETITION NO. 6733 OF 2023


                1) Vinayak s/o Tukaram Hiware,
                   Aged about 84 years, Occupation - Nil.

                2) Mangala w/o Vinayakrao Hiware,
                   Aged about 72 years, Occupation - Nil.

                   Both R/o Vaishanavi Apartment,
                   1st Floor, Paryawaran Nagar,
                   Nagpur - 440026.                            ....    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 wp6733.23

consent of the learned Counsel for the parties.

2. The challenge raised is to the order dated 26-7-2023 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. 3 admeasuring about 5000 square feet of field

Survey No.524, P.H.N. 44 of Mouza-Somalwada.

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 26-7-2023 passed by the

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

respondents shall reconsider the said proposal and take a decision 3 wp6733.23

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 11:11:56