JUDGMENT :

Rohit B. Deo, J.

Petitioner is questioning the notice dated 16.11.2022, issued by the first respondent – Nagpur Municipal Corporation (“NMC”) in exercise of power under Section 264 of the Maharashtra Municipal Corporations Act, 1949 (“Act”), directing the petitioner to repair the front portion of the subject property consistent with Option-I suggested in the structural stability report dated 27.10.2022 submitted by Shri Ramdeobaba College of Engineering and Management, Nagpur.

2. BROAD FACTS:

2.1 Petitioner claims to be the absolute and exclusive owner of property assigned Sheet Number 223 and City Survey Number 179 of Mouza – Nagpur and the construction assigned Corporation House Number 13, situated at Tilak Putla, Mahal, Nagpur (“subject property”).

2.2 Petitioner claims to have acquired the subject property by virtue of registered gift deed dated 23.12.2019 from recorded owners Mr. Ramprakash Sharma, Mr. Krishnakumar Sharma and Mrs. Latadevi Sharma.

2.3 Petitioner asserts that the fifth respondent and the six respondents, who are the uncle and the cousin brother of the petitioner, respectively, do not have any ownership right in the subject property. Petitioner relies on th