AUROBINDO SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) The challenge raised in the present writ petition is to the communication dtd. 28/1/2022 issued by the respondent no.2 by which the petitioner-Society has been informed not to carry out any construction activity within the restricted zone of defence land at Nagpur.

(3.) It is the case of the petitioner-Society, which is registered under the Societies Registration Act, 1860, that it intended to carry out construction on the land owned and possessed by the Society. It's sought necessary permission from the Nagpur Municipal Corporation. On 18/6/2021 the Assistant Director, Town Planning Department sanctioned the building permit and issued a commencement certificate. The development work was to be carried out at Khasra No.339/9, NMC House No.162/1 of Mouza-Sitabuldi, Nagpur. One of the conditions in the building permit was that the development would be carried out in accordance with the Unified Development Control and Promotion Regulations for Maharashtra State, 2020 (for short, the Regulations of 2020). When the Society undertook such construction the Commanding Officer, 118 Infantry Battalion visited the premises on 18/1/2022 and requested the Society to stop the construction for two days to verify the documents on the basis of which the Society was undertaking the development work. The Society on 20/1/2022 thereafter on 24/1/22 issued a communication to the Commanding Officer and sought to commence the work of construction. The parties exchanged various communications but in view of the obstruction caused to the said construction, the present writ petition has been filed seeking to raise a challenge to the communication dtd. 28/1/2022 which required the Society not to carry out any construction activity.