Chetan Harshad Shah and Others v. Nagpur Municipal Corporation, Thr. Its Municipal Commissioner, Nagpur and Another

Bombay HC10 Apr 2024WP/1866/2024

Case brief

AI extract

What is this about?

Writ petition concerning construction declared illegal under the earlier Development Control Rules, with the revised plan rejected up to the Chief Minister in appeal. After repeal of those rules and commencement of the Unified Development Control and Promotion Regulations, petitioners sought fresh plan sanction. The court issued notice returnable on 10/04/2024 and directed respondents not to take

What did the court decide?

Interim direction to respondents not to take coercive action till 10/04/2024.

Chetan Harshad Shah and Others vs Nagpur… — Municipal and Town Planning | Bombay HC (2024)

¶1

1 3 wp 1866-2024

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶3

WRIT PETITION NO.1866/2024 Chetan Harshad Shah and others

¶4

Vs.

¶5

Nagpur Municipal Corporation, through its Municipal Commissioner, Nagpur, Assistant Director, Town Planning and another

¶6

¶7

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

¶8

Court's or Judge's orders

¶9

¶10

Shri A.A. Naik, Advocate for petitioners

¶11

Shri J.B. Kasat, Advocate for respondent No.1 Shri V.A. Thakare, AGP for respondent No.2

¶12

CORAM : ANIL S. KILOR AND SMT. M.S. JAWALKAR, JJ.. DATED : 18/03/2024

¶13

Shri A.A. Naik, learned Counsel for petitioners submits that the construction made by the petitioners was declared as illegal and not as per the Development Control Rules, therefore, the revised plan was submitted which was rejected up to the Hon’ble Chief Minister in appeal.

¶14

It is submitted that, however, in the meantime, the earlier Development Control Rules were repealed and Unified Development Control and Promotion Regulations, for Maharashtra came into force and as per the provisions of the said regulations, the construction of the petitioners has become legal one and there is no illegal construction.

¶15

It is submitted that in view of the new regulations, the petitioners have again submitted revised plan for sanction, which is pending before the respondent authorities.

¶16

In the above backdrop, issue notice to the

¶17

2 3 wp 1866-2024

¶18

respondents, returnable on 10/04/2024.

¶19

Shri Kasat, learned Counsel waives notice for respondent No.1- Municipal Corporation.

¶20

Shri V.A. Thakare, learned AGP waives notice for respondent No.2.

¶21

Considering the fact that now, there are new regulations and earlier development Rules came to be repealed and considering the statement made by learned Counsel for petitioners that as per new regulations, the construction is legal, the respondents are directed not to take any coercive action, till next date.

JUDGE

JUDGE

R.S. Sahare

Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 18/03/2024 16:13:01

Chetan Harshad Shah and Others v. Nagpur Municipal Corporation, Thr. Its Municipal Commissioner, Nagpur and Another

Case brief

What is this about?

What did the court decide?

Chetan Harshad Shah and Others v. Nagpur Municipal Corporation, Thr. Its Municipal Commissioner, Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Pravin S/O Ashokrao Nehare vs the Scheduled Tribes Caste Certificate Scrutiny Committee-Thr. Member Secy and Dy. Director and Ors.

Jyoti Fatechand Saharey vs National Insurance Company Limited, through Its Chairman/ Managing Director Limited. and Others

Kanchanmala Wd/O. Kuldeep Gawande (Patil) and Others vs State of Maharashtra, Thr. Secretary Urban Development Dept., Mumbai and Others

Ayazuddin S/O Aminuddin Syed vs the State of Maha., Thr. Secretary, Education and Sports Dept., Mumbai and Ors.

Mohan S/O Shankarrao Sonkusare vs the State of Maha., General Administration Department, Mumbai Thr. Principal Secretary and Ors.

M/S. George Developers Thr. Partner Santosh Markose George vs the Nagpur Improvement Trust, Thr. Chairman and Others