P.C.

1. The petitioner has prayed for to quash and set aside Order No. 657 dated 08/05/2009 passed by the Chairman, Nagpur Improvement Trust, Nagpur (NIT) and order dated 14/09/2009 passed by the NIT respondent no. 1 under Sections 3 and 4 of the Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001 as wholly without jurisdiction and contrary to the principles of natural justice and for issuance of the direction to respondent no. 1 to call upon respondent no. 3 restraining the enforcement of the said order.

2. Facts stated are that the petitioner came across the advertisement issued by respondent no. 2 in the year 1990 for sale of the plots at Khasra no. 83/1, PH No 44 Ward No. 15 situated at Mauza Somalwada, Nagpur. The petitioner purchased Plot No. 2, area 464.25 Sq. Meters (5000 Sq. Feet) out of total 104 plots layout for the consideration of Rs. 7500/vide registered Sale Deed dated 26/09/1990 from respondent no. 2. The Government of Maharashtra enacted the Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001 (briefly called as the “Gunthewari Act”) which came into force from 13/08/2001. Respondent No. 1 NIT