JUDGMENT - JOSHI A.H., J.:-This revision application is arising out of judgment and order passed by the 5th Additional District and Sessions Judge, Nagpur, whereby the learned Judge has allowed the application for condonation of delay filed by the appellant-present respondent on cost of Rs. 200/-.

2. Regularization of unauthorised construction carried on by the present applicant in violation of the sanctioned construction plan is the subject-matter of suit decree wherein has led to present revision application. It is seen that the respondent herein had moved by a notice under section 52 of the N.I.T. Act read with section 286(2) of City of Nagpur Corporation Act, 1948. The notice was issued alleging that the construction is in violation of bye-laws framed under Maharashtra Regional and Town Planning Act. The notice issued by the present respondent was called in question in Regular Civil Suit No. 227/90. The suit resulted in a decree where the action of the respondent in declining to refuse the regularisation of unauthorised construction, was held illegal by the learned Joint Civil Judge, Junior Division, Nagpur. It is said judgment and decree passed in R.C.S. No. 227/90 passed on 27

Click Here to Read the rest of this document