This Appeal was admitted on the following substantial question of law, which were formulated by my Brother C.L.Pangarkar, J. by order dated 24th September, 2009:

“(i) Whether the Courts below were in error in granting declaration that the Municipal Corporation cannot revoke the building plan for any reason and in any circumstance whatsoever?

(ii) Whether a suit for permanent injunction to restrain the Municipal Corporation from revoking the plan is maintainable?

(iii) Whether notice under section 384 of the city of Nagpur Corporation Act is necessary before institution of suit against an intended injury?”

2. The facts which appear from the records are that Regular Civil Suit No.1093/1989 was instituted by the respondent (original plaintiff) in the Court of learned Civil Judge, Jr.Dn. Nagpur with a prayer for declaration that the building plan sanctioned by the defendant-the City of Nagpur Corporation on 1st August, 1988 bearing No.232/EPR/3 can not be revoked in any circumstances with additional prayer for permanent injunction seeking to restrain the city of Municipal Corporation from revoking or withdrawing sanctioned plan, stated as above.

3. The plaintiff-Indian Gym