NAGORAO Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) RULE. By consent of learned counsel for the parties, heard forthwith.

(2.) THE petitioners have applied for regularisation of their lay out and, construction therein by plot holders in pursuance of the scheme advertised by the respondent N. I. T, as per the Government resolution dated 3-3-1987. The respondent N. I. T. has started accepting the payment for regularisation from 12-2-2001. However, in the mean time the respondent No. 1 has issued a notice of 28 days on 8-2-2001 for removal of unauthorised construction. In spite of that notice of 28 days as respondent No. 1 started demolition from 14-2-2001 the said action of respondent No. 1 is challenged in this petition.

(3.) LEARNED counsel for the respondent No. 1 contended that no work of demolition of the construction of petitioners was actually commenced. The respondent No. 1, however, has started the demolition of the work which was in progress after the date of issuance of the impugned notice.