M/S. George Developers Thr. Partner Santosh Markose George vs the Nagpur Improvement Trust, Thr. Chairman and Others — Bombay HC (2025) — LawSathi Research

M/S. George Developers Thr. Partner Santosh Markose George vs the Nagpur Improvement Trust, Thr. Chairman and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent No.1/Competent Authority of Nagpur Improvement Trust directed to decide Respondent Nos.3 and 4's building-permission application dated 21/7/2025 within 90 days from the parties' appearance before it, on merits with opportunity of hearing; Petitioner permitted to participate; all issues kept open; parties directed to appear before Respondent No.1 on 8th September, 2025; Rule made absolute in above terms; no order as to costs.

Issue for consideration

Whether Respondent No.1 (Nagpur Improvement Trust) should be directed to take action against Respondent Nos.3 and 4 for removal of illegal construction as per notice dated 18/4/2023. +1 more

Ratio / Principle

This Court disposed of the petition by directing Respondent No.1 to decide the application dated 21/7/2025 filed by Respondent Nos.3 and 4 within a period of 90 days from the date of appearance of the parties before Respondent No.1.

Key takeaways

The Respondent No.1/Competent Authority of Nagpur Improvement Trust is requested to consider and decide the application tendered by Respondent Nos.3 and 4 on merits, by granting opportunity of hearing.ratio¶17
The present Petitioner is permitted to participate in the proceeding before Respondent No.1, and all issues are kept open for consideration of Respondent No.1.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), by oral judgment per Pravin S. Patil, J., disposed of a writ petition by M/s George Developers seeking direction to the Nagpur Improvement Trust to act on notice dated 18/4/2023 against alleged illegal construction by Respondent Nos.3 and 4 (Nitin A. Kohale and Umesh A. Kohale) on Plot Nos. 27 and 27A, Kh. Nos. 32, 33/1, mouza Zingabai Takli, Nagpur. The record showed the plots had been regularised under the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 vide order-cum-communication dated 22/3/2024, and that Respondent Nos.3 and 4 had applied online for building permission on 21/7/2025, whose receipt Respondent No.1 admitted. The Court directed Respondent No.1 to decide that application within 90 days of the parties' appearance, on merits with opportunity of hearing, permitted the Petitioner to participate, kept all issues open, fixed appearance for 8th September 2025, made Rule absolute and ordered no costs.

2025:BHC-NAG:8779-DB

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

WRIT PETITION NO. 396 OF 2024

M/s George Developers through its partner Santosh Markose George, Aged about : 50 Years, Occupation : Business, R/o Byramji Town, Nagpur. … PETITIONER

V E R S U S

The Nagpur Improvement Trust, Civil Lines, Nagpur, through its Chairman. 2. The Divisional Officer (North), Nagpur Improvement Trust, Office at Vaishali Nagar, Nagpur-17. 3. Nitin A. Kohale Aged about : Major, Occupation : Business; R/o Plot No.1, Kohale Layout, Godhani Road, Nagpur. 4. Umesh A. Kohale Aged about : Major, Occupation : Business; R/o Plot No. 1, Kohale Layout, Godhani Road, Nagpur. … RESPONDENTS Mr. N. A. Lalwani, Advocate for Petitioner. Mr. K. P. Mahalle, Advocate for Respondent Nos.1 and 2. Mr. S. U. Bhutada, Advocate for Respondent No.3. Mr. H. D. Dangre, Advocate for Respondent No.4.

CORAM : SMT. M. S. JAWALKAR AND PRAVIN S. PATIL, JJ. DATE : SEPTEMBER 02, 2025.

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ORAL JUDGMENT [PER PRAVIN S. PATIL, J.]

. Heard. Rule . Rule made returnable forthwith by consent of the parties.

It is the submission of the Petitioner that Respondent Nos.3 and 4, who claims to be the owner of Plot Nos. 27 and 27A, Kh.Nos. 32, 33/1 at mouza Zingabai Takli, Nagpur, carried out illegal construction. Their request for regularisation of plots was turned down by the Respondent No.1. Hence, seeks direction against the Respondent No.1 to take action against the Respondent Nos.3 and 4 for removal of illegal construction as per notice dated 18/4/2023.

Perusal of record indicates that Plot Nos.27 and 27/A are regularized by the Respondent No.1 under the provisions of Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 vide order-cum-communication dated 22/3/2024. Today the Respondent No.3 placed on record the affidavit stating therein that after regularization of the plots, Respondent Nos.3 and 4, on 21/7/2025, applied for building permission to the Respondent No.1 by submitting their online application.

The Respondent No.1 admitted the fact that said application is

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duly received by his office through online. In the circumstances, this Petition can be disposed of by directing the Respondent No.1 to decide the application dated 21/7/2025 filed by the Respondent Nos.3 and 4 within a period of 90 days from the date of appearance of the parties before Respondent No.1.

The Respondent No.1/Competent Authority of Nagpur Improvement Trust is requested to consider and decide the application tendered by the Respondent Nos.3 and 4 on merits, by granting opportunity of hearing. It is made clear that present Petitioner also permitted to participate in the said proceeding. All issues are kept open for consideration of Respondent No.1.

Parties are directed to appear before the Respondent No.1 on 8^th September, 2025.

Rule is made absolute in above terms. No order as to costs.

[PRAVIN S. PATIL, J.]

[SMT. M. S. JAWALKAR, J.]

vijaya

Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 08/09/2025 11:54:17