Smt. Smita Amit Rajput vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 9946 Bom

2023:BHC-NAG:14113-DB

                                               1                               wp4580.23




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


                WRIT PETITION NO. 4580 OF 2023


                Smt. Smita Amit Rajput,
                Aged about 38 years,
                R/o Plot No.30, Near F.C.I. Go-down,
                Old Ajni, Dhote Layout,
                Nagpur - 440015.                                   ....   PETITIONER


                             VERSUS


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

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

                ______________________________________________________________

                            Mr. P.S. Chawhan, Counsel for the petitioner,
                            Mr. A.A. Madiwale, A.G.P. for respondent No.1,
                            Mr. G.A. Kunte, Counsel for respondent No.2.
                 ______________________________________________________________

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

DATED : 26th SEPTEMBER, 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.

2. The challenge raised is to the order dated 01-12-2022 issued by 2 wp4580.23

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. 51 admeasuring about 1453.14 square feet 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 on 22-9-2005 and we find that the petitioner would be

entitled to the benefit of aforesaid decision.

4. Accordingly for reasons recorded in the decision Kartiki Jagdish

Pawar (supra), the order dated 01-12-2022 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.

3 wp4580.23

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

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

adgokar

Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 27/09/2023 10:33:59