Vikas Ashram Trust, Thr. Its President, Anant Diwakar Kulkarni v. The Nagpur Municipal Corporation, Thr. Its Commissioner, Nagpur And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.1113 OF 2025 (Vikas Ashram Trust, through its President Vs. The Nagpur Municipal Corporations, through its Commissioner, Nagpur and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N.R. Bhishikar, Advocate for petitioner.

Mrs. M.S. Naik, AGP for respondent Nos.3 and 4. CORAM : ALOK ARADHE, C.J. AND NITIN W. SAMBRE, J. DATE : 28 th FEBRUARY, 2025.

P.C.

1.

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2.

In this writ petition, the petitioner inter alia seeks a direction to the Appellate Authority to decide the appeal preferred by the petitioner under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as, 'the Act').

3.

The facts in nutshell state as under :

Aggrieved by the notice dated 29.11.2019 the petitioner has filed an appeal under Section 47 of the Act before the Appellate Authority on 13.8.2020 alongwith an application for stay. The grievance of the petitioner is that the aforesaid application for stay as well as appeal has not been decided so far.

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Learned counsel for the petitioner submits that writ petition be disposed of with a direction to the Appellate Authority to decide the application for stay as well as the appeal in the time bound manner.

5.

On the other hand, learned A.G.P. for the respondent Nos.3 and 4 submits that in case appeal of the petitioner is pending, the same shall be decided expeditiously within time limit as may be fixed by this Court. 6.

In view of aforesaid submission and taking into account the fact, we deem it appropriate to direct the Appellate Authority to decide the application for stay as well as appeal of the petitioner itself within a period of three months from the date of receipt of copy of this order.

7.

The petitioner shall appear alongwith copy of this order before the Appellate Authority on 10th March, 2025. 8.

Accordingly, writ petition is disposed of.

(NITIN W. SAMBRE, J.) (CHIEF JUSTICE) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 28/02/2025 15:06:52