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2015 Supreme(SC) 101

SUDHANSU JYOTI MUKHOPADHAYA, PRAFULLA C.PANT
SAI KRIPA MANGAL KARYALAYA – Appellant
Versus
NAGPUR MUNICIPAL CORPORATION – Respondent


JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

This appeal has been preferred by the appellants against the judgment and order dated 30th April, 2002 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No.1485 of 1984. By the impugned judgment, the High Court allowed the writ petition filed by respondent nos.5 and 6 and held as follows:

(i) The building permits granted by Nagpur Municipal Corporation to the land belonging to respondent No.4- Gorakshan Sabha, a Public Trust are unauthorized and illegal and hence buildings put up pursuant to such building permits are liable to be demolished.

(ii) The parties may make fresh applications seeking building permits within one month from the date of judgment in accordance with revised sanctioned development plan of 2000-2001 and the Planning Authority shall dispose of such applications within four months.

(iii) The Planning Authority shall demolish the said structures if they were found not in conformity with the revised sanctioned plan of 2000-2001.

2. The factual matrix of the case is as follows:

2.1 One Shri Dhondiba Diwadkar gifted land bearing Survey No. 471, admeasuring 18.25 acres situated at Mouza Lendhra,




















































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