Shri Sudhakar S/O Shakar Pujari Through His General Power Of Attorney Holder v. City Of Nagpur Corporation Nagpur Through Its Muncipal Commissionar

1611sa24.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.24 of 2013 (Shri Sudhakar s/o Shankar Pujari v. City of Nagpur Corporation, Nagpur, through its Municipal Commissioner, Civil Lines, Nagpur, and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.D. Khati, Advocate for Appellant.

Smt. S.S. Jachak, Advocate for Respondent No.1. Shri M.A. Kadu, Assistant Government Pleader for Respondent No.2.

Coram : R.K. Deshpande, J.

Date : 16 th November, 2016 The respondent No.1-Corporation is at liberty to issue a fresh notice in accordance with Section 53 of the Maharashtra Regional and Town Planning act, 1966, as prima facie the notice issued is defective for want of clear one month's period. In view of above, there is no question of the respondent No.1-Corporation acting on the basis of the notice dated3-7-2007, which does not survive. In view of this, Regular Civil Suit No.261 of 2008 filed by the plaintiff also does not survive, and the respondent No.1-Corporation is prevented from acting on the basis of the notice dated 3-7-2007.

1611sa24.13.odt With these observations, the petition is disposed of. Judge.

Lanjewar