NAGPUR IMPROVEMENT TRUST Vs. KISHORCHAND

JUDGEMENT

(1.) This appeal is filed by the appellant/Nagpur Improvement Trust (Original Defendant)(hereinafter for brevity referred to as " the NIT"), against the Judgment and Order, dated 16.1.2006 passed by the 3rd Additional District Judge, Nagpur in Regular Civil Appeal No. 111 of 1999, which was disposed of on the ground that it became infructuous. The said appeal arose from the Judgment and Order, dated 19.12.1998 passed by the Joint Civil Judge(J.D.), Nagpur in Regular Civil Suit No.1699 of 1996. The suit was decreed for declaration that the notice No. DO (West)251, dated 18.6.1996 and notice No.DO (west)252, dated 4.7.1996 issued by the defendants to the plaintiff are illegal, null and void.

(2.) Brief facts are :

(3.) The Government of Maharashtra had permitted the Nagpur improvement Trust, (NIT) being a local authority to exercise powers under the Maharashtra Regional and Town Planning Act. 1966 (hereinafter referred as " the MRTP Act") as the planning authority under the said Act, pursuant to the notification issued by the Government in Urban Development, Public Health and Housing Department bearing no. TPS246719866M, dated 6th October 1967. State of Maharashtra by notification bearing no. TPS. 2401 855CR76UD9 issued on dated 27th February, 2002 and published on 11th March, 2002 in the Official Gazette decided to permit the Nagpur Municipal Corporation (NMC) to exercise the power of a planning authority under the MATP Act in the entire area under its jurisdiction except with limited number of seven exceptions namely : <p><table class = tablestyle width="90%" border="1" cellspacing="1" cellpadding="1" align="center" style="font-family:Verdana"> <tr> <td width="7%">(a)&nbsp;1.</td> <td width="76%">&nbsp;Eastern&nbsp;Industrial&nbsp;area&nbsp;street&nbsp;scheme&nbsp;covering&nbsp;area&nbsp;of&nbsp;&nbsp;</td> <td width="17%">H320.60&nbsp;R</td> </tr> <tr> <td>2.</td> <td>Itwara&nbsp;Station&nbsp;Road&nbsp;street&nbsp;Scheme</td> <td>H&nbsp;4.77R</td> </tr> <tr> <td>3.</td> <td>Sitabuldi&nbsp;(west)&nbsp;improvement&nbsp;scheme</td> <td>H6.15R</td> </tr> <tr> <td>4.</td> <td>Abhyankar&nbsp;Road&nbsp; &&nbsp;Buti&nbsp;Mahal&nbsp;street&nbsp;scheme</td> <td>H3.24R&nbsp;</td> </tr> <tr> <td>5.</td> <td>Wathoda&nbsp;extension&nbsp;Housing&nbsp;accommodation&nbsp;Scheme&nbsp;(New&nbsp;scheme)&nbsp;</td> <td>H170.00R</td> </tr> <tr> <td>6.</td> <td>Shivangaon&nbsp;&ndash;Jaitala&nbsp;Township&nbsp;(New&nbsp;scheme)&nbsp;&nbsp;</td> <td>H&nbsp;257&nbsp;.00R</td> </tr> <tr> <td>7.</td> <td>Green&nbsp;Belt&nbsp;control&nbsp;scheme&nbsp;</td> <td>H&nbsp;6447.00R</td> </tr> <tr> <td>&nbsp;</td> <td>Total&nbsp;in&nbsp;Hectares&nbsp;:</td> <td>7208.76&nbsp;R</td> </tr> </table>