JUDGMENT

(Per : Urmila Joshi-Phalke, J.)

1. A Division Bench has been constituted to answer following questions:

1. Whether suit shall lie against the Nagpur Improvement Trust without issuing a Notice under Section 115 of the Nagpur Improvement Trust Act , 1936 if the action of the Trust is outside the purview of expression “in respect of anything purporting to be done under this Act” used in the said provision?

2. Whether the action of the Nagpur Improvement Trust in issuing a Notice for taking action in lesser time than as provided in Section 115 of the Nagpur Improvement Trust Act , 1936 thereby resulting in depriving aggrieved party in approaching the Court for want of compliance with requirement of the said Section, would amount to a waiver of the requirement of Section 115 of the said Act?

2. Need for formulating above questions arose on account of inconsistent views taken by the Single Judge of this Court in ( Abdul Jabbar Haji Mohammed Ibrahim vs. The Chairman, Nagpur Improvement Trust, Nagpur and another, Civil Revision Application No.345/1993 decided on 2.4.1993.Civil Revision Application No.345/1993 decided on 2.4.1993.) decided on 2.4.1993 as also in the case of Smt.Jan