LAWS(BOM)-2024-1-28

ARJUN RAGHUNATH WANKHEDE Vs. NAGPUR IMPROVEMENT TRUST

Decided On January 05, 2024
Arjun Raghunath Wankhede Appellant
V/S
NAGPUR IMPROVEMENT TRUST Respondents

JUDGEMENT

(1.) The issue that arises for determination in these writ petitions is whether a statutory notice proposing an action of demolition becomes unexecutable if the said notice remains unimplemented for an unreasonable period despite there being no legal impediment for its execution.

(2.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties. Since a similar challenge has been raised in these writ petitions, they are being decided together by this common judgment. For sake of convenience, the facts in Writ Petition No. 5123 of 2023 are being referred to.

(3.) Shri S.V. Bhutada, learned counsel for the petitioner raised threefold contentions:-