Allowed

Sau. Vandana Shyam Chawhan v. State of Maharashtra, Thr. Secretary, Urban Development, Mumbai and Another

Bombay HC13 Sept 2023WP/4196/2023

Case brief

AI extract

What is this about?

The High Court set aside the order dated 07-04-2022 passed by the Nagpur Improvement Trust rejecting the petitioner's building plan. Relying on the Kartiki case, the Court held that the petitioner, whose plots were already regularized, was entitled to reconsideration of the proposal within eight weeks.

What did the court decide?

The order dated 07-04-2022 rejecting the building plan was set aside. Respondent No.2 was directed to reconsider the proposal within eight weeks.

Sau. Vandana Shyam Chawhan Vs State of Maharashtra, Thr… — Property and Title | Bombay HC (2023)

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WP4196.23

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2023:BHC-NAG:13734-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

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WRIT PETITION NO. 4196 OF 2023

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Sau. Vandana Shyam Chawhan, Aged about 56 years, Occupation – Service, R/o Naik Road, Zenda Chowk, Mahal, Nagpur – 440032. …. PETITIONER

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VERSUS

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State of Maharashtra, through Secretary, Urban Development, Mantralaya, Mumbai – 32. 2) The Nagpur Improvement Trust, through its Chairman, Station Road, Sadar, Nagpur. …. RESPONDENTS

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Mr. P.S. Chawhan, Counsel for the petitioner, Mr. S.A. Ashirgade, Addl.G.P. for respondent No.1, Mr. G.A. Kunte, Counsel for respondent No.2.

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CORAM : A.S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, J J. DATED : 13th SEPTEMBER, 2023

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ORAL JUDGMENT : (PER : A.S. CHANDURKAR, J.)

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Rule . Rule made returnable forthwith. Heard finally with the

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consent of the learned Counsel for the parties.

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The challenge raised is to the order dated 07-4-2022 issued by

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WP4196.23

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the Building Engineer (West) of the Nagpur Improvement Trust thereby rejecting the building plan of the petitioner seeking development work in the context of Plot Nos. 19 and 20 admeasuring about 3000 square feet of Mouza-Somalwada.

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After hearing the learned Counsel for the parties, we find that similar issue has been considered by this Court in Writ Petition No.8285/2022 (Kartiki d/o Jagdish Pawar and another vs. Nagpur Improvement Trust and another) decided on 14-2-2022. We find that the rejection of the building permit on similar ground was set aside in the light of discussion in paragraph Nos. 8 and 9 of the said judgment. The plots in question are already regularized by the Development Authority and we find that the petitioner would be entitled to the benefit of aforesaid decision.

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Accordingly for reasons recorded in the decision Kartiki Jagdish Pawar (supra), the order dated 07-4-2022 passed by the Building Engineer (West), Nagpur Improvement Trust is set aside. Respondent No.2 shall reconsider the said proposal and take a decision subject to all necessary considerations. The said decision shall be taken within a period of eight weeks of receiving copy of the judgment.

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WP4196.23

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Rule is made absolute in aforesaid terms. No costs.

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(Mrs. Vrushali V. Joshi, J.) (A.S. Chandurkar, J.)

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adgokar

Sau. Vandana Shyam Chawhan v. State of Maharashtra, Thr. Secretary, Urban Development, Mumbai and Another

Case brief

What is this about?

What did the court decide?

Sau. Vandana Shyam Chawhan v. State of Maharashtra, Thr. Secretary, Urban Development, Mumbai and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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