Advocates:
['MI DHATRAK', 'SA SAHU', 'M G BHANGDE/P', 'SR ADV M G BHANGDE/P', 'SR ADV', 'SK MISHRA/R']

14032013 Writ Petition No. 1378.2013 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

Writ Petition No. 1378 of 2013

Ghanshyam s/o Keshavlal Fulsunge vs. The Nagpur Improvement Trust, Nagpur,

through its Chairman, Civil Lines, Nagpur and others.

Notes, Office Memoranda of

Coram, appearances, Court's orders

Court's or Judge's

or directions and Registrar's orders.

Orders.

Shri M.G.Bhangde, Senior Counsel with Mr. M.I.Dhatrak,

Advocate for the petitioner.

Shri S.K.Mishra, Advocate for Respondents 1 and 2.

CORAM: R.C.CHAVAN & PRASANNA B. VARALE,JJ

DATE : 14.3.2013

This petition questions the order passed by the

Respondent No.1 – Chairman of the Nagpur Improvement Trust on

27.2.2013 rejecting the petitioner’s representation and also the

order passed by the respondent no.2 – the Building Engineer dated

12.8.2011 regularizing Gunthewari Developments. The petitioner

claims to be the owner of the property in question. However, he

has lost in the suit filed by him against the title holders. The First

14032013 Writ Petition No. 1378.2013 2

and Second Appeals were also decided against the petitioner and

the petitioner claims to have filed the petition for Special Leave

before the Supreme Court in April, 2012. But, neither the leave is

granted nor has a stay been granted. The proceedings for

execution of the decrees of the Civil Court are pending in the Civil

Court.

2.

The original owners, Muliks, seem to have sold the

property during the pendency of the litigation to Shewalkar Builders.

Before the property was sold to Shewalkar Builders, Mulik

brothers claims to have formed layout and agreed to sell plots in

that layout to Shewalkar Builders vide Agreement of sale dated

11.5.1999. The actual sale deeds were executed on 28.3.2006.

The Nagpur Improvement Trust has rejected the applications filed

by respondents 3 to 14 for regularization of the Developments

under the Maharashtra Gunthewari Developments (Regularisation,

Upgradation and Control) Act, 2001(hereinafter referred to as”the

Gunthewari Act”) on 10

th September, 2008. However, thereafter by

14032013 Writ Petition No. 1378.2013 3

the impugned order dated 12

th August, 2011, the Trust regularized

the developments. The petitioner made representation against this

order. The petitioner could not secure any orders on his

representation and ,therefore, had approached this Court and this

Court had directed the Nagpur Improvement Trust to decide his

representation. The Chairman rejected the representation made by

the petitioner by impugned order dated 27.2.2013.

3.

The learned Senior Counsel for the petitioner assails

the orders passed contending first that there was no “layout” on

1.1.2001, which is pre-requisite for regularization of Gunthewari

Developments. He submitted that “Gunthewari Development” as

defined in Clause (a) of sub section (1) of Section 2 of the

Maharashtra Gunthewari Developments (Regulation, Upgradation

and Control) Act, 2001 means plots formed by unauthorisedly

subdividing privately owned land, with buildings, if any, on such

plots, including excess vacant land not vested in the State

Government. The learned Senior Counsel submitted that Section 3

14032013 Writ Petition No. 1378.2013 4

of the Act thus provides for regularization of Gunthewari

developments actually existing as on 1

st January, 2001. The

learned Senior Counsel for the petitioner claimed that the petitioner

is, in fact, in possession of the part of the property as owner

thereof. Therefore, there is no question of considering the land as

one under encroachment. The learned counsel submitted that the

developments could not be held to have exist