Bombay High CourtCAO/393/2023ca disposed off

Nagpur Improvement Trust, Nagpur Through Chirman v. Suresh S/O Manoharlal Suri And Others

2023-03-17Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

5-CAO-393-23.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.

OF 20 IN MISC. CIVIL APPLICATION ST. NO.5566 OF 2023 IN WRIT PETITION NO.4479 OF 2019 (D) Nagpur Improvement Trust, Thr. Chairman, Sadar, Nagpur -vsSuresh Manoharlal Suri, Clarke Town, Nagpur and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri S. M. Puranik, Advocate for applicant.

Shri Anilkumar, Advocate for non-applicant Nos.1 to 3. Shri A. A. Madiwale, Assistant Government Pleader for non-applicant Nos.4 and 6.

Smt S. S. Jachak, Advocate for non-applicant No.5. CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI JJ. DATE : March 17, 2023 Civil Application (CAO) No.393/2023 Notice on the application is made returnable forthwith. Shri Anilkumar, learned counsel waives notice for non-applicant Nos.1 to

3. Learned Assistant Government Pleader waives notice for non-applicant Nos.4 and 6. Smt S. S. Jachak, learned counsel waives notice for non-applicant No.5. Considering reasons mentioned in the application, the delay in filing review application is condoned. Civil Application is disposed of. Misc. Civil Application St. No.5566/2023 It is submitted by the learned counsel for the applicant that the notice dated 13/11/2017 was issued under Section 49 of the Maharashtra Regional Town Planning Act, 1966, however while deciding the writ petition this Court has proceeded on the assumption that the said notice was under Section 127 of the said Act.

Issue notice, returnable on 31/03/2023.

Shri Anilkumar, learned counsel waives notice for non-applicant Nos.1 to

3. Learned Assistant Government Pleader waives notice for non-applicant Nos.4 and 6. Smt S. S. Jachak, learned counsel waives notice for non-applicant No.5. ADWAIT BHANDAKKAR 14:57:21 (Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.)