N K HARCHANDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition and the applications for intervention expose how lack of precision in the legal regime governing developmental activities in Nagpur city have enabled people without scruples to take the system for a ride. The petition and the Civil Applications pose some very pertinent questions. The petition is therefore, admitted and taken up for hearing forthwith.

(2.) This judgment disposes of the writ petition, whereby the petitioner has taken exception to the orders passed by Nagpur Municipal Corporation and State of Maharashtra in respect of petitioner's building plans, as also three applications for intervention.

(3.) Apart from Nagpur Municipal Corporation, the local authority, Nagpur has an Improvement Trust as well, which regulates development of the city of Nagpur. A well intentioned measure to have an independent body, the Nagpur Improvement Trust, devoted to development of city, led to duality of authority, and eventually absence of any regulation, due to pretended confusion as to the authority which was supposed to control such activity. The facts to be unfolded would disclose as to how the petitioner took advantage of this divided control in order to avoid all regulation while constructing his building.