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ROHIT B. DEO, Y. G. KHOBRAGADE
Kartiki – Appellant
Versus
Nagpur Improvement Trust – Respondent
JUDGMENT/ORDER
Y.G.KHOBRAGADE, J. - Heard.
2. Rule. Rule made returnable forthwith, heard finally at the stage of admission by consent of the parties.
3. The challenge in the present petition is to the order/communication dtd. 30/9/2022 issued by respondent 2- Building Engineer (West), Nagpur Improvement Trust (for short, 'NIT'), whereby the respondents did not accord sanction to the residential house construction plan because of the operation of prohibitory order in Public Interest Litigation (PIL) 40/2013 passed by Co-ordinate Bench of this Court.
4. The facts of the present case lie in narrow compass. One Mr. Dashrath Balaji Kalambe had purchased the plot in question under Sale Deed dtd. 19/7/1991 from Paradise Co-operative Housing Society, Nagpur and subsequently the petitioners purchased the said plot No. 45, admeasuring 2000 sq. feets bearing Khasara Nos. 14, 16, 17/1, 18/1, 19/1.k, 19/2/d, 20/1?k, 20/1p and 20/1N, P. H. No. 44 of Mouza- Sonegaon, City Survey No. 11 and Sheet No. 300 situated near Lake, Sahakar Nagar, Sonegaon, Nagpur bearing Corporation House No. 3869/45 and Ward No. 75 within the limits of Nagpur Improvement Trust, Nagpur/NMRDA and Nagpur Municipal Corporation.
The court established that an interim order in a PIL does not apply if the property in question has been regularized and is not subject to the restrictions outlined in that order.
The court upheld the municipality's authority to regularize a revised building plan for a fourth floor, concluding the petitioner's challenge was unmaintainable due to lack of contest against the rev....
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
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