Nagpur. A petition was filed in the High Court on behalf of the society against the unauthorized construction on public use land by the plot holder in the Lotus Court condominium society, located only within 1 kilometer from the Municipal Corporation in Civil Lines. During the hearing on this, the Municipal Corporation said that action is taken against such unauthorized construction. On this basis, the Municipal Corporation will also take action against this unauthorized construction. After the statement given by the Municipal Corporation, Justice Nitin Jamdar and Justice Anil Pansare disposed of the petition. On behalf of the petitioner Aditya Goyal, on behalf of Municipal Corporation, Mr. Rohan Chhabra argued.
Notice was issued only on February 2020
According to the order of the High Court, all the documents were presented by the petitioner regarding the use of the concerned plot. During the hearing, the Municipal Corporation said that the plot holder who has done unauthorized construction on public use land, has been issued a notice on 6 February 2020 itself. During the Corona period, orders were issued by the special court of the High Court, due to which action was not initiated. Action will be taken on the basis of prescribed procedure as per section 53(1) of the Maharashtra Regional Town Planning Act. The petitioner was of the view that due to this unauthorized construction, the members of the society are not able to use the land for public use. Even their movement has been affected.
23,845 sq ft open space
It was told on behalf of the petitioner that on August 3, 2005, the plan of the flat scheme was approved by the Municipal Corporation Department, according to which 23,845 square feet of land was left open for public use. On this, the respondent NR Bobde constructed the house. From the year 2014 to 2019, complaints were given to the Municipal Corporation against unauthorized construction. Even this was informed as soon as the unauthorized construction started, but till the completion of the bungalow, the Municipal Corporation did not take any action. On 13 December 2016, the Municipal Corporation ordered the respondent to submit the building plan.
Apart from this, orders were given to give building permit, fire department approval, health department permit, tax receipt and other documents. On 23 June 2017, the respondent admitted that he did not have the documents. On November 21, 2019, a second notice was issued by the Municipal Corporation but the documents were not given. After this, on 6 February 2020, under Section 53 (1) of MRTP, the Assistant Commissioner issued a notice for demolition of unauthorized construction, in which clear orders were given to remove the unauthorized construction in 35 days but till now no action was taken.