1. The question involved in this case is of the competency of the Nagpur Improvement Trust (in short NIT) to pass Resolution No. 8/1003, dated 02.04.2003 proposing to recover additional charges of development at the rate of Rs.16/per sq. feet from the first transferee of the land/open plot which was already regularized under the provisions of the Maharashtra Gunthewari (Development, Regulation, Upgradation and Control) Act, 2001 (in short "Gunthewri Act") upon payment of development charges by the plot holder, the transferee.

The facts of the case are as under;

2. One Wahida Begam purchased Plot No. 105, Khasra No. 28/29, Mouza-Borgaon, Tq. And Distt. Nagpur, admeasuring 1050 sq. feet by registered sale deed dated 30.09.1992 from the Cooperative Housing Society. About 1900 unauthorized layouts were regularized along with the constructions thereon in accordance with the provisions of the Gunthewari Act and the Board Resolution No. 15, dated 27.01.2001 and B.R. No. 10/977, dated 28.05.2001 and B.R.No. 8/1003, dated 02.04.2003. A notice of demand dated 20.11.2003 was issued to said Wahida Begam and she was required to pay the development charges at the rate of Rs.16/per s