KISHOR Vs. THE MUNICIPAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) Heard. Admit on the following substantial question of law: Whether the bar under Section 149 of the Maharashtra Regional and Town Planning Act, 1966 applies in the present case when the notice issued under Section 53 of the said Act is challenged on the ground that the period prescribed therein falls short of the statutory period and is therefore a nullity

(2.) Considering the issue involved the learned counsel for the parties have been heard on aforesaid substantial question of law.

(3.) The appellant is the original plaintiff who had been issued notice dated 18.11.2010 under the provisions of Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 (for short the said Act). As per said notice certain deficiencies in the user of the land in question were pointed out and it was stated that within one month from receiving the notice corrective action should be taken. Plaintiff therefore filed suit for declaration that the defendant nos. 1 and 2 were not entitled to demolish the suit property. Further prayer was made to direct the defendant nos. 1 and 2 to grant the sanctioned map. The defendant nos. 1 and 2 filed preliminary objections under Section 9A of the Code of Civil Procedure vide Ex. 19. The objection raised was that the trial Court had no jurisdiction to decide the suit in view of the bar contained in Section 149 of the said Act. The plaintiff in his reply took the stand that the construction in question had come up prior to the said Act being enacted. Further stand was taken that the due process of law, rules and regulations were not followed. The trial Court therefore framed the following preliminary issue: "Whether this Court has jurisdiction to entertain, try and decide the present suit -