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Bombay High CourtWP/4029/2026disposed off

Suresh Ramkumar Ramteke v. Nagpur Municipal Cor., Thr. Commissioner, Nagpur And ORS.

2026-05-08Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode2 pages

2026:BHC-NAG:7254-DB 151 wp4029.26.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 4029 OF 2026 SURESH RAMKUMAR RAMTEKE vs.

NAGPUR MUNICIPAL CORPORATION, THRU. ITS COMMR., NAGPUR AND OTHS. ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Parth L. Sagdeo, Advocate for petitioner CORAM :- ANIL S. KILOR and RAJ D. WAKODE, JJ. DATE :- 8th MAY, 2026.

1.

Heard Mr. Parth Sagdeo, learned counsel for the petitioner. 2.

The grievance of the petitioner is pertaining to the inaction on the part of respondent - Nagpur Municipal Corporation for taking the proceedings initiated under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act") against respondent nos.3 and 4 to its logical end.

3.

The learned counsel for the petitioner has invited our attention to the communication dated 09.12.2025, issued by respondent no.2 - Assistant Commissioner, Dharampeth Zone No.2, Nagpur Municipal Corporation, Nagpur. However, in the submission of the learned counsel for the petitioner, the communication dated 09.12.2025 is not being acted upon by respondent no.2.

4.

In view of above, the petitioner alternatively has prayed for a direction respondent nos.1 and 2 to decide the representations of the petitioner dated 06.01.2026 and 09.03.2026, which are at Annexures13 and 14, respectively. 5.

Thus, we dispose of the present writ petition with a direction to respondent nos.1 and 2 to take the proceedings under Section 53 of the MRTP Act initiated against respondent nos.3 and 4 and consequential communication dated 09.12.2025 which is at record page no.75 (Annexure-12) to its logical end after granting an

151 wp4029.26.odt 2 opportunity of hearing to the necessary parties within a stipulated period of four weeks from today.

6.

As a consequence of such alleged unauthorised construction at the behest of respondent nos.3 and 4, the proceedings under the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 are initiated agaisnt the inhabitants of the building in question and the communication dated 11.03.2025 is issued by the Chief Fire Safety Officer, Nagpur Municipal Corporation, Nagpur. Since, a serious issue pertaining to fire safety is involved in the present writ petition and fire safety Officer is also of the Nagpur Municipal Corporation, the respondent authorities are directed to consider the gravity of the matter and act promptly in compliance of the order passed by this Court.

7.

Needless to mention that we have not dealt with any challenge as raised in the present writ petition by the petitioner nor have observed anything on the challenge raised by the petitioner. Hence, all the contentions raised by the petitioner are kept open. 8.

The Writ Petition is accordingly disposed of. No costs. ( RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Diwale.

Signed by: DIWALE Designation: PS To Honourable Judge Date: 08/05/2026 20:32:06