M/S Nanis Buildcon Pvt. Ltd. Thr. ... vs Nagpur Improvement Trust, ...
2023 Latest Caselaw 9422 Bom

2023:BHC-NAG:13385-DB


              17-J-WP-5922-23                                                        1/3


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

                                   WRIT PETITION NO.5922 OF 2023


              M/s Nani's Buildcon Pvt. Ltd.
              Through its Director
              Mr Yashwant s/o Ajabrao Khodke,
              Aged : 58 years, Occ. Business
              r/o Plot No.7, Vikas Nagar,
              Behind Sai Mandir, Vivekanand Nagar,
              Nagpur 440015                                          ... Petitioner

              -vs-

              1. Nagpur Improvement Trust,
                 through its Chairman having office
                 at : Station Road, Sadar, Nagpur 01

              2. Building Engineer (West)
                 Nagpur Improvement Trust,
                 Nagpur                                              ... Respondents


              Shri V. S. Giramkar, Advocate for petitioner.
              Shri G. A. Kunte, Advocate for respondents.

                              CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI, J.

DATE : September 07, 2023

Oral Judgment : (Per : A. S. Chandurkar, J.)

Rule. Rule made returnable forthwith. Shri G. A. Kunte, learned

counsel waives notice for the respondents.

2. Challenge raised in the present writ petition is to the

communication dated 23/08/2023 by which the respondent No.2 has

refused to grant permission for development of plot No.142 situated at

Khasra No.9/2, Mouza Sonegaon in view of the interim orders passed 17-J-WP-5922-23 2/3

in Public Interest Litigation No.40/2023 (Court on its own motion vs.

State of Maharashtra and ors.) holding that it would not be

permissible to grant sanction for development.

3. The learned counsel for the parties submit that an identical issue

was considered in Writ Petition No.8285/2022 (Kartiki d/o Jagdish

Pawar and anr. vs. Nagpur Improvement Trust and anr) and by

judgment dated 14/02/2023 a similar communication was set aside

with a direction to consider and grant sanction in favour of the said

petitioners.

4. It is seen that regularisation letter for plot No.142 came to be

granted on 13/07/2009. The interim order passed in the Public

Interest Litigation No.40/2013 referred in the impugned

communication has been clarified by the subsequent orders dated

06/02/2019 and 10/07/2019.

5. In view of aforesaid, for the reasons contained in the judgment

of this Court in Writ Petition No.8285/2022 (supra) the following

order is passed :

(i) The impugned communication dated 23/08/2023 is set aside

since the interim order in Public Interest Litigation No.40/2013 is 17-J-WP-5922-23 3/3

not applicable to the plot in question.

(ii) The respondents shall consider the petitioners' application for

building permission dated 26/07/2023 and if there is no legal

impediment grant necessary permission in accordance with law.

The petitioner shall place all relevant documents before the

respondents. Necessary exercise shall be done within a period of

eight weeks of receipt of copy of this judgment.

6. The Writ Petition is allowed and disposed of in aforesaid terms.

Rule accordingly. No costs.

(Mrs Vrushali V. Joshi, J. ) (A. S. Chandurkar, J.)

Asmita

Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 08/09/2023 18:49:52