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A. S. CHANDURKAR, VRUSHALI V. JOSHI
Kishore – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
A.S.Chandurkar, J. - The challenge raised in this writ petition filed under Article 226 of the Constitution of India is to the order dated 30.01.2016 passed by the Hon'ble Minister, Urban Development Department, in proceedings under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 (for short, the Act of 1966) as well as the notice dated 13.01.2015 issued by the Assistant Engineer, Public Works, Nagpur Municipal Corporation, Nagpur. The petitioner has further prayed that the respondents be restrained from dispossessing or interfering with the lawful possession of the petitioner over the property in question.
2. The facts relevant for considering the prayers made in the writ petition are that the petitioner claims to be the owner of half portion of Plot No.9 and Plot No.10 admeasuring about 3618 square feet having Khasra No.441 in the area known as Ramajichi Wadi, Nagpur. The petitioner claims to have purchased the aforesaid land from Shri Ramaji Sawarkar by a registered sale deed dated 11.12.1986. The petitioner's name has been accordingly mutated in the City Survey record and he has been paying property taxes as demanded by the Corporation. The petitioner h
The main legal point established in the judgment is that the Corporation, as the Planning Authority, has the jurisdiction to consider the grant of building permission based on applicable Rules and Re....
Authority under the Act of 1976 exercises a quasi-judicial power which implies observing of the principles of natural justice and to conclude that the occupants are not entitled to occupy the plots. ....
Possession rights established through prior court judgments prevail over unresolved title disputes, and municipal decisions regarding land development must adhere to judicially recognized ownership.
The court affirmed that the approved layout plan of 2008 designates specific plots as residential, rejecting claims of their designation as park facilities.
The main legal point established in the judgment is that the respondent corporation has the authority to suspend development permission and must provide both parties with an opportunity to present th....
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