Shri Mansukhlal Mohanlal Nathwani v. The Municipal Corporation Chandrapur, Thr. Commissioner And ORS.

2026:BHC-NAG:3697-DB 132-WP-1815-2026.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1815 OF 2026 MANSUKHLAL MOHANLAL NATHWANI Vs.

THE MUNICIPAL CORPORATION CHANDRAPUR, THR. COMMISSIONER AND ORS.

__________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Nikhil Gaikwad, Advocate for the Petitioner. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 4 th MARCH, 2026.

1.

Heard learned counsel for the petitioner.

2.

The petitioner is owner of Plot No.6208, Sheet No.50 at Nazul Mohalla, Bhanapeth, Chandrapur. The Respondent Nos.2 to 5 are the owners of plot adjacent to the petitioner's plot i.e. Plot No.6207, Sheet No.50, Bhanapeth, Chandrapur. 3.

The Respondent Nos.2 to 5 are carrying out constructions on the aforesaid plot. The contention is that the aforesaid construction is in violation of Rules and Regulations as contemplated under the Maharashtra Regional and Town Planning Act, 1966.

4.

The petitioner has made complaints and representations to respondent No.1- the Municipal Corporation, Chandrapur, pointing out such illegal construction carried out by respondent

132-WP-1815-2026.odt 2/3 Nos.2 to 5. Thus, the petitioner has approached this Court praying for various directions holding that the aforesaid construction is unauthorized and illegal and a direction for demolition of such construction.

5.

The perusal of the aforesaid writ petition reveals that at record Page No.81- Annexure- P is the notice dated 19th September, 2025, issued by respondent No.1- Municipal Corporation, Chandrapur, to the respondent Nos.2 to 5, thereby calling upon them to submit documents in respect of their constructions, more specifically, sanctioned plan upon which the construction is carried out and the commencement certificate.

6.

Mr. Gaikwad, the learned counsel for the petitioner submits that despite of such notice dated 19th September, 2025 and after passage of almost six months now, no further action has been taken at the behest of respondent No.1. Respondent Nos.2 to 5 are proceeding with the aforesaid unauthorized construction.

7.

In view of the above, we dispose of the present writ petition with a direction to respondent No.1- Municipal Corporation, Chandrapur to take the aforesaid notice dated 19th September, 2025 issued to respondent Nos.2 to 5, which is at

132-WP-1815-2026.odt 3/3 record Page No.81- Annexure- P to its logical end. 8.

Needless to mention that all grounds raised in the present writ petition are kept open.

9.

The respondent No.1 shall consider the grounds raised in the present writ petition so also, the provisions of law and shall take the decision after granting opportunity of hearing to the petitioner as well as respondent Nos.2 to 5 within a period of eight weeks from the date of production of copy of order of this Court.

10.

The decision taken thereupon shall be communicated to the petitioner within a period two weeks from the date of decision.

11.

The Writ Petition is accordingly disposed of. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) MJ Jadhav