Kanhaiyalal S/O. Shamdas Tolani v. Nagpur Improvement Trust, Thr. Its Chairman, Nagpur And Others

2026:BHC-NAG:4866-DB 1.wp.2489.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2489 OF 2026 Kanhaiyalal S/o. Shamdas Tolani .Vs.

Nagpur Improvement Trust, Nagpur and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr S. R. Kadam, Advocate for the petitioner/s CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATED : 25 th MARCH , 2026 .

Heard learned counsel for the petitioner.

2.

By this writ petition, the petitioner is raising a challenge to the notice dated 25.02.2026, which was issued by the respondent-NIT for demolition of alleged illegal construction, made by the petitioner, for the reasons that no permission was obtained by the petitioner for making such construction.

3.

Having gone through the record, it is evident that no permission was obtained by the petitioner for carrying out the such construction, which has been declared illegal by the respondent.

4.

The petitioner was asked to submit all the relevant documents long back vide notice dated 25.02.2025. Accordingly, the petitioner submitted certain documents in response to the same. However, at the same time, the learned counsel for the petitioner fairly admits that the sanctioned

1.wp.2489.2026.odt plan was not the part of such documents. He submits that latter was submitted to the respondents on 24.06.2025 stating that the petitioner is in the process of preparing plan and the moment it is prepared, the same will be submitted. 5.

When this matter come up today for hearing, even after nine months, the petitioner could not point out any such plan submitted by the petitioner.

6.

In the absence of any such document and since it is not the petitioner's case that the construction made by him does not require any permission, we do not find any reason to interfere with the impugned notice.

Accordingly, the writ petition stands dismissed. No order as to costs. Pending applications, if any, also stand disposed of.

[RAJ D. WAKODE, J] [ANIL S. KILOR, J.] Namrata Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 26/03/2026 18:54:53