Anilkumar Dashrathji Mendhe v. The Chairman, Nagpur Improvement Trust, Nagpur And Another
1 / 4 916-WP 5212.2019+5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5212 OF 2019 Laxman Chirkutrao Patil -- Petitioner vs.
The Chairman, Nagpur Improvement Trust and another --Respondents WITH WRIT PETITION NO. 5213 OF 2019 Anand Narayanrao Karingwar -- Petitioner vs.
The Chairman, Nagpur Improvement Trust and another -- Respondents WITH WRIT PETITION NO. 5806 OF 2019 Smt. Elsy Thankanchan -- Petitioner vs.
The Chairman, Nagpur Improvement Trust and another -- Respondents WITH WRIT PETITION NO. 5807 OF 2019 Shri. Anilkumar Dashrathji Mendhe -- Petitioner vs.
The Chairman, Nagpur Improvement Trust and another -- Respondents
2 / 4 916-WP 5212.2019+5 WITH WRIT PETITION NO. 5808 OF 2019 Shri. Rambhau Bhagwantrao Raut -- Petitioner vs.
The Chairman, Nagpur Improvement Trust and another -- Respondents WITH WRIT PETITION NO. 5809 OF 2019 Shri. Narendra Khandelwal -- Petitioner vs.
The Chairman, Nagpur Improvement Trust Nagpur and another -- Respondents Mrs. S.K. Paunikar, Advocate for the Petitioners in all the Petitions. Mr. Rajiv Chhabra, Advocate for the Respondent Nos.1 and 2 in all the Petitions.
Mr. Girish Kunte, Advocate for Respondent No.3, Municipal Corporation in all the Petitions.
CORAM : NITIN JAMDAR & ANIL S. KILOR, JJ.
DATED : 19 JANUARY 2021 P. C. :
Heard learned counsel for the parties.
2.
The Petitioners in this group of Petitions are owners of the lands, details of which have been given in the Petition. The
3 / 4 916-WP 5212.2019+5 Petitioners had initially filed this Petition against the Nagpur Improvement Trust being aggrieved by non-issuance of release letter in respect of their construction with reference to the provisions of Maharashtra Gunthewari Developments (Regulation Upgradation and Control) Act 2001.
3.
The Nagpur Improvement Trust had refused to grant them the release letter as sought for. During the pendency of the Petition the lands which are subject matter of these Petitions came to be transferred within the jurisdiction of Nagpur Municipal Corporation. After transfer of these lands within the jurisdiction of Nagpur Municipal Corporation, no specific decision has been taken by the Municipal Corporation. An affidavit-in-reply is filed by the Nagpur Municipal Corporation. Since the Nagpur Municipal Corporation is now the Authority which has jurisdiction over the lands and the Authority to deal with the prayers of the Petitioners, it will be appropriate that the Nagpur Municipal Corporation takes a decision in this regard. 4.
Furthermore, learned counsel for the Petitioners points out that on 21 December 2020, a representation has been tendered by the Petitioners to the Nagpur Municipal Corporation to take a decision in their favour in the light of certain subsequent developments, which are referred to in the representation. The learned counsel for the Municipal Corporation states that decision
4 / 4 916-WP 5212.2019+5 would be taken by Nagpur Municipal Corporation on the said representations.
5.
In the light of this position, we dispose of these Petitions by directing that the Municipal Corporation will take a decision on the representations made by the Petitioners. Within two weeks the Municipal Corporation will call upon the Petitioners to produce documents, if necessary, by a written communication and after receipt of such documents, decide the representations within a period of 08 weeks.
6.
The stand taken in the reply and the impugned order passed by Nagpur Improvement Trust shall be treated as a prima facie view.
7.
Writ Petitions are accordingly disposed of. No costs. [ ANIL S. KILOR, J. ] [ NITIN JAMDAR, J. ]