JINRAJ ESTATE PVT LTD Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.

(2.) The learned Counsel for the petitioner in support of the first and main prayer clause made the following submissions.

(3.) Per contra, the learned Counsel for the NIT argued that there is a lease-deed executed voluntarily by the petitioner in respect of the plot and with open eyes he signed the lease-deed, which is a registered document, showing the user of the plot as market. None compelled the petitioner to sign the lease-deed when he appeared before the Registrar for registration of the lease-deed. It is now not open to the petitioner to question the execution of the lease-deed. Pointing out the map, learned Counsel for the NIT argued that a particular area has been earmarked for market and the borderline is at the edge of plot no.36 and thereafter the commercial area starts. Therefore, there is nothing wrong in showing plot no.37 as commercial. He, therefore, submits that the action of the NIT cannot be faulted and thus, prayed for dismissal of the writ petition.