RULE. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties.

2. The issue that arises for consideration is whether a person served with a notice under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 (herein after referred to as the 'MRTP Act' for the sake of brevity) can approach the District Judge under Section 286(3) of the City of Nagpur Corporation Act, 1948 (hereinafter referred to as the 'Corporation Act' for the sake of brevity) for extension of the notice period in the notice issued under Section 53(1) of the MRTP Act.

3. Few facts giving rise to the petition are stated thus The petitioner-Nagpur Municipal Corporation had issued a notice to the respondent under the provisions of Section 53(1) of the MRTP Act asking the respondent to demolish the unauthorized construction within a period of one month failing which, the Corporation would take necessary action against the respondent. On receipt of the notice under Section 53(1) of the MRTP Act, the respondent filed an application before the District Judge, Nagpur under Section 286 (3) of the Corporation Act for extension of the noti