Arun S/O Nilkanth Dhume And Another v. Nagpur Improvement Trust, Thr. Chairman, Nagpur And Another

2023:BHC-NAG:16057-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6759 OF 2023

1) Arun s/o Nilkanth Dhume, Aged about 80 years, Occ.- Retired,

2) Nikhil s/o Arun Dhume, Aged about 45 years, Occ.- Pvt. Service, All R/o Flat No. 101, Tara Apartment, Plot No.12, Chandak Layout, Chhatrapati Nagar, Nagpur - 440015.

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PETITIONERS

VERSUS

1) Nagpur Improvement Trust, through its Chairman, Office at Station Road, Sadar, Nagpur.

2) Building Engineer (West), Nagpur Improvement Trust, Office at Station Road, Sadar, Nagpur.

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RESPONDENTS ______________________________________________________________ Mr. P.R. Agrawal, Counsel for the petitioners, Mr. G.A. Kunte, Counsel for the respondents.

____________________________________________________________ CORAM : A.S. CHANDURKAR & ABHAY J. MANTRI , J J.

DATED : 2 nd NOVEMBER, 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 05-7-2022 issued by the Building Engineer (West) of the Nagpur Improvement Trust thereby rejecting the building plan of the petitioners seeking development work in the context of Plot No.83 admeasuring about 216 square meters of Mouza-Sonegaon.

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 and we find that the petitioners would be entitled to the benefit of aforesaid decision.

4.

Accordingly for reasons recorded in the decision in Kartiki Jagdish Pawar (supra), the order dated 05-7-2022 passed by the Building Engineer (West), Nagpur Improvement Trust is set aside. The respondents 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. 5.

Rule is made absolute in aforesaid terms. No costs. (ABHAY J. MANTRI, J.) (A.S. CHANDURKAR, J.) adgokar