KISHORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge raised in this writ petition filed under Article 226 of the Constitution of India is to the order dtd. 30/1/2016 passed by the Hon 'ble Minister, Urban Development Department, in proceedings under Sec. 47 of the Maharashtra Regional and Town Planning Act, 1966 (for short, the Act of 1966) as well as the notice dtd. 13/1/2015 issued by the Assistant Engineer, Public Works, Nagpur Municipal Corporation, Nagpur. The petitioner has further prayed that the respondents be restrained from dispossessing or interfering with the lawful possession of the petitioner over the property in question.

(2.) The facts relevant for considering the prayers made in the writ petition are that the petitioner claims to be the owner of half portion of Plot No.9 and Plot No.10 admeasuring about 3618 square feet having Khasra No.441 in the area known as Ramajichi Wadi, Nagpur. The petitioner claims to have purchased the aforesaid land from Shri Ramaji Sawarkar by a registered sale deed dtd. 11/12/1986. The petitioner 's name has been accordingly mutated in the City Survey record and he has been paying property taxes as demanded by the Corporation. The petitioner had filed R.C.S.No.1443 of 1987 against one Shri Vasant Anwane seeking a declaration that the said defendant had no right to interfere in the possession of the petitioner. The aforesaid suit was decreed on 30/12/1991. Thereafter the petitioner filed R.C.S.No.1782 of 1993 on 6/9/1993 against the Nagpur Improvement Trust (for short, the Trust) challenging the action of the Trust in affixing its signboard on his property. This suit was decreed on 27/1/1999 and it was declared that the Trust had no authority to affix its signboard on the premises in question. A decree of perpetual injunction was also passed. This decree has since attained finality. The petitioner thereafter sought amalgamation of both the plots owned by him and such permission was granted by the Corporation on 26/8/2005 by imposing certain conditions. Thereafter the building plan submitted by the petitioner was sanctioned on 5/10/2005 by issuing a demand note in that regard. The petitioner claims to have paid the requisite amount as demanded. Thereafter on 7/12/2007 commencement certificate/ building permission was granted to the petitioner.

(3.) It appears that a complaint was made against the sanction of the building plan and grant of commencement certificate by one Vishva Prerak Pragati Mandal. Acting on the said complaint, the Corporation in March 2008 proceeded to cancel the order of amalgamation dtd. 26/8/2005, building permission granted on 14/2/2006 and commencement certificate granted on 7/12/2007. Being aggrieved by the aforesaid decision, the petitioner preferred an appeal under Sec. 388 of the City of Nagpur Corporation Act, 1948 read with Sec. 47 of the Act of 1966 before the State Government. Since the aforesaid appeal was kept pending without any adjudication, this writ petition was filed on 5/2/2015 praying for a direction to be issued to the State Government to decide the aforesaid appeal in accordance with law. During pendency of the writ petition, the said appeal came to be decided by the State Government on 30/1/2016. The proceedings were remanded to the Corporation to take a decision afresh in the light of the sanctioned plan of 1965 after considering the aspect of ownership coupled with the orders passed by the Civil Court. By amending the writ petition this order dtd. 30/1/2016 has also been challenged. Since the complainant - Vishwa Prerak Pragati Mandal was not impleaded as a respondent in the writ petition, it has filed Civil Application No 3101 of 2018 on 31/1/2018 seeking leave to intervene in the writ petition. By the order dtd. 22/3/2019 the aforesaid Civil Application was ordered to be considered when the writ petition was heard finally.