Regularization under the Gunthewari Act exempts plots from existing reservations, establishing their legal entitlement to lease deeds.

DATE OF RESERVING THE JUDGMENT : 22/08/2025 DATE OF PRONOUNCING THE JUDGMENT: 04/09/2025 JUDGMENT (PER : SMT. M.S. JAWALKAR, J.)

Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel appearing for both the parties.

2. The Petitioner by this Petition has challenged the impugned Communication dated 05/06/2023, issued by the Respondent No. 3-The Deputy Director of Town Planning, Nagpur Improvement Trust.

3. The Petitioner Society developed a residential layout on Survey Nos. 52 and 54, Mouza-Bidipeth, and retained Plot Nos. 19A to 19D admeasuring 11,500 sq. ft., possession of which was handed over to its then President on 04/12/2000. Upon commencement of the Maharashtra Gunthewari Developments (Regularization, Upgradation and Control) Act, 2001, (for short the “Gunthewari Act”), the Petitioner applied for regularization and, on 04/11/2016, deposited the requisite charges including those for removal of reservation. The said plots were thereafter amalgamated, and on 23/11/2022, the Nagpur Improvement Trust issued an amalgamation letter along with an approved Map. Subsequently, Respondent No. 2 issued an allotment letter on 25/11/2022 and delivered possession of the plot Nos.19A to 19D on 28/11/2022 to the Petitioner as lessee, upon payment of charges for registration of lease deed.

4. Despite completion of these formalities, Respondent No. 3, vide a Communication dated 24/03/2023, stated that the plots stood reserved for Higher Education (Reservation No. S-182) under the Revised Development Plan dated 10/09/2001. The Petitioner submitted its explanation on 29/03/2023 with supporting documents including Government Resolution dated 17/07/2007, Scrutiny Form dated 24/02/2015, and Chart showing lifting of reservations, yet without affording an opportunity of hearing, Respondent No. 3 issued the impugned Communication dated 05/06/2023 reiterating the reservation. The Petitioner thereafter sought information under the RTI Act on 28/07/2023. It is pertinent that a Note-Sheet dated 02/03/2015 of the Nagpur Improvement Trust records that reservation was to be maintained only over open land and not upon constructed portions. Thus, the Petitioner is challenging the impugned Communications dated 24/03/2023 and

05/06/2023 issued by Respondent No.3.

5. The learned Counsel for the Petitioner relied on the following citations :

(i) Writ Petition No.7439/2017, Kailassinh Chandansinh Chowhan and others Vs. State of Maharashtra and others , decided on 11/06/2019 (ii) Writ Petition No. 5636/2016, Shri Sanjay S/o Balkrushnarao Mule and others Vs. Nagpur Improvement Trust, Nagpur and another , decided on

01/07/2019.

6. It is submitted by the Respondent No.1 that no specific relief has been claimed against the answering respondent. The execution of lease deed, as prayed, falls exclusively within the domain of Respondent Nos. 2 to 4. It is further submitted that as per the reply filed by Respondent Nos. 2 to 4, the Petitioner had applied for regularization of allotment under the Gunthewari Act.

7. This Court, vide order dated 27/03/2025 in Writ Petition No. 237/2023, has directed the Nagpur Improvement Trust not to regularize any plots carved out from open spaces or areas reserved for public utility, either under the Gunthewari Act or otherwise, until further orders.

8. In view of the above, the reliefs sought by the Petitioner are untenable and the petition, as against the answering respondent, is liable to be dismissed.

9. It is contended by the Respondent Nos.2, 3 and 4 that the land was acquired under the Sakkardara Street Scheme and possession was taken by NIT in 1982. The layout was approved