JUDGMENT - J.P. DEVADHAR, J.:---This public interest litigation is filed by the petitioners under Article 226 of the Constitution of India, inter alia, seeking a writ directing Nagpur Municipal Corporation and Nagpur Improvement Trust to remove the structures standing on the lands owned by respondent No. 4 Trust on the ground that the same are contrary to the building regulations and contrary to the development plan sanctioned by the State Government under the Maharashtra Regional and Town Planning Act, 1966.

2. Before setting out the facts relevant for the present petition, it will be useful to refer to the background pertaining to the development of the present day 'city of Nagpur' situated at the very heart of India and which is the second capital of the State of Maharashtra.

3. In the year 1936, the Nagpur Improvement Trust Act was enacted with a view to make provisions for the improvement and expansion of the then town of Nagpur in the manner specified under the Nagpur Improvement Trust Act, 1936 (for short, 1936 Act'). Under the 1936 Act a Trust was constituted and the said Trust was empowered to frame various improvement schemes specified under section 27 of the 1936 Act for

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