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Bombay High CourtWP/396/2024rule absolute

M/S. George Developers Thr. Partner Santosh Markose George v. The Nagpur Improvement Trust, Thr. Chairman And Others

2024-01-18Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Pravin S. Patil2 pages

1 wp396.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 396 OF 2024 ( M/s. George Developers ..vs.. The Nagpur Improvement Trust, Nagpur and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Shyam Dewani, Counsel for the petitioner. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 18-01-2024 The respondent Nos. 3 and 4 are claimed to be the owners of Plot Nos.27 and 27A, Khasra Nos.32, 33/1 at Mouza Zingabai Takli, Nagpur.

2.

On the said property the said respondents have carried out illegal construction and as such have approached the respondent-planning authorities i.e. Nagpur Improvement Trust not only for regularisation of the plots under the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 but also for the purpose of grant of sanction to the structure.

3.

It is the case of the petitioner that such request was turned down by the respondent-planning authority vide communication dated 31st March, 2023.

4.

Thereafter a notice for removal of illegal construction was issued on April 18th, 2023 which is not acted upon till this date.

2 wp396.24 5.

As such, it is the case of the petitioner that it was of the operation of activities of both these illegal constructions there is a nuisance created.

6.

Issue notice to the respondents, returnable on 15-2-2024.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 19/01/2024 10:57:07