The legality of property transactions during the pendency of civil disputes and the availability of alternative remedies for parties affected by such transactions.

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 being Planning Authority under Section 2 (1) (c), (iv) is required to consider the application of the plot holder for regularisation of the Gunthewari development made within the period of six months or within the extended period if any from the date of the coming into force of the Gunthewari Act. The Planning Authority is required to scrutinise the case for fulfilment of the stipulated requirements under S.4(2). Consequences of the regularisation are provided under Section 5 of the Act. Planning Authority is required to exercise the control over the Gunthewari developments. If it is found that the Gunthewari development has not been regularised under Section 4 (1) of the Act issuance of the notice is required to the plot holder after giving an opportunity to apply for regularisation of the unauthorized development within one month. It is provided that if the plot holder fails to apply for regularisation under Section 4 (1) and (2) of the Act, Planning Authority shall demolish the unauthorised construction over the plot. According to the petitioner, the applications beyond the stipulated date i. e. 14-02–2002 were liable to be rejected as time barred. Petitioner had visited Nagpur on 22.10.2012 and was astonished to see the illegal activity on the plot purchased by her. The petitioner had filed the complaint at Sonegaon Police station and instructed her advocate to issue legal notice. Accordingly, on 25/10/2012 notice was issued to the respondents. The Petitioner refers to suit no. 1576 of 1985 brought by Shri Madhukar Shamrao Menghare (Vendor of respondent no 2 Society in Sale Deed dated 14061985) for partition and separate possession against his father Shamrao which was decreed by learned Civil Judge S.D. Nagpur. The decree was sought to be executed in the execution proceeding being R.D. No. 87 of 1992 by Madhukar Shamrao. The decree was partly executed. First Appeal No 52 of 1992 was preferred by Shri Shamrao Menghare which was dismissed. Second Appeal No. 166 of 1999 filed by Shri Shamrao was also dismissed. Thus, the judgment and decree dated 26/11/1991 passed by the Civil Judge, Senior Division, Nagpur became final. According to the petitioner, she had under the acknowledgement and advise note dated 18/07/2002 deposited the sum of Rs.1000/with respondent no.1 NIT for seeking regularisation. It is contended that 60 plot holders out of 104 plot owners moved learned CJSD, Nagpur by filing Civil Suit No. 1539 of 2002 praying for declaration and injunction against Madhukar Shamrao that various sale deeds executed by the Society (respondent no 2) during the period 198990 in their favour would remain unaffected by the decree dated 26/11/1991 as there was no prayer to set aside the sale deeds executed by the Society in their favour. Special Civil Suit