Shri Charandas Swami Sahakari Gruha Nirman Sanstha Maryadit, Thr. President, Vandana M. Jiwane v. Nagpur Municipal Corporation, Nagpur Thr. Its Commissioner

2023:BHC-NAG:14658-DB 42-WP-1342-23.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Shri Charandas Swami Sahakari Gruha Nirman Sanstha Maryadit, Thr. President Vandana M. Jiwane, Lashkaribag, Nagpur -vsNagpur Municipal Corporation, Civil Lines, Nagpur through its Commissioner ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri C. F. Bhagwani, Advocate for petitioner. Shri G. A. Kunte, Advocate for respondent.

CORAM : A. S. CHANDURKAR AND VRUSHALI V. JOSHI, JJ. DATE : October 05, 2023 P. C.

1.

Having heard the learned counsel for the parties and having perused the Demand notice dated 13/05/2022 issued by the respondent-Nagpur Municipal Corporation along with communication dated 21/03/2023 issued by the office of Town Planning Department of Nagpur Municipal Corporation, it is clear that the building plan submitted by the petitioner-Society has been approved on 05/05/2022. It is on that basis that a demand notice dated 13/05/2022 has been issued. In the said communication it is further stated that after receiving no-objection from the fire department, final sanction would be granted.

2.

Since the petitioner claims exemption from paying development charges under Section 124-F of the Maharashtra Regional and Town Planning Act, 1966, we find that the remedy of challenging the demand

42-WP-1342-23.odt 2/2 made under Section 124-E is available under Section 124-G of the Act of 1966. While challenging demand dated 13/05/2022 it would be open for the petitioner to contend that it is entitled for exemption under Section 124-F of the Act of 1966.

3.

With liberty to the petitioner to challenge the demand notice dated 13/05/2022 and keeping all points open, the writ petition is disposed of.

4.

The period from 20/01/2023 till date shall be taken into consideration as time spent in prosecuting the legal remedy. 5.

No costs.

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