SITARAM Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) Heard.

(2.) The challenge raised in the present writ petition is to the communication dtd. 17/7/2023 that has been issued by the Nagpur Improvement Trust (for short N.I.T.) requiring the petitioners to remove the offending structures standing at Khasara No.317, Mouja Sitabuldi, Nagpur.

(3.) It is submitted by the learned counsel for the petitioners that the aforesaid communication dtd. 17/7/2023 has been issued pursuant to the orders passed in Writ Petition No.4693/2021 (Bhagyashree W/o Jayant Buty & others V/s. Nagpur Improvement Trust) dtd. 18/7/2023, 23/11/2021 and 10/7/2023. In the order dtd. 18/7/2023 passed in the said writ petition it was recorded that such notices had been issued by the N.I.T. for removal of the construction. Referring to the communication dtd. 17/7/2023 it is submitted that the same refers to an earlier notice dtd. 15/10/2010 that was issued by the N.I.T. under Sec. 286(2) of the City of Nagpur Corporation Act, 1948 (for short "Act of 1948") as well as Sec. 52 of the Nagpur Improvement Trust Act, 1936 (for short "Act of 1936"). Since the provisions of the Act of 1948 have been repealed by Maharashtra Act No.23 of 2012 on 21/8/2012 it would not be permissible for the N.I.T. to seek execution of the notice dtd. 15/10/2010. Our attention is invited to the savings clause in the Repeal Act to submit that only suits and other legal proceedings had been saved but statutory notices already issued have not been saved. In so far as Sec. 52 of the Act of 1936 is concerned the same merely requires N.I.T. to proceed in accordance with the provisions of the Act of 1948. It is thus submitted that in view of the Repeal Act, the notice dtd. 15/10/2010 has become non est and same cannot be relied upon for execution. It is further submitted that the present matter would be governed by Chapter XV of the Maharashtra Municipal Corporations Act, 1949 and it would be necessary for the N.I.T. to take steps in accordance with law for removal of encroachment. On this count it is submitted that impugned communication dtd. 17/7/2023 deserves to be set aside.