CHAIRMAN, NAGPUR IMPROVEMENT TRUST, SADAR, NAGPUR Vs. RATIRAM

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties.

(2.) The Challenge In The Regular Civil Suit No. 571 of 2002 was to the notice dated 15.12.2001 issued under Section 286 (2) of the City of Nagpur Corporation Act read with Section 52 of the Nagpur Improvement Trust Act, for demolition of unauthorized construction carried out without obtaining sanction. The specific stand taken in the plaint was that the scheme of sanction of 1900 layouts by the Nagpur Improvement Trust was under progress and the plaintiff was ready and willing to pay the amount, which will be levied by the Nagpur Improvement Trust for sanction of the building plan of the plaintiff.

(3.) Shri Chhabra, The Learned Counsel Appearing For the Nagpur Improvement Trust has invited my attention to the Memo dated 06.09.2008, issued by the Nagpur Improvement Trust, informing the respondentplaintiff that the building in question is affected by the DP reservation/Owing to the reason of encroachment and no ownership document are produced. The application for regularization of Plot No. 2 and the construction thereon has been rejected.