The Nagpur bench of the Bombay High Court on Thursday expressed strong displeasure over the prolonged delay in addressing alleged illegal constructions in the Kachipura area, situated between Shankar Nagar and Bajaj Nagar. Notices regarding these constructions were issued as far back as 2016, yet action has remained stalled for nearly a decade.
Court Proceedings and Discrepancies
During the hearing, Gemini Kasat, counsel for the Nagpur Municipal Corporation (NMC), informed the court that notices under Section 53(1) of the Maharashtra Regional and Town Planning (MRTP) Act were issued in 2016 after the constructions were deemed unauthorised. However, demolition proceedings could not proceed because the establishments approached the state government, which imposed a stay pending adjudication of their appeals.
A division bench comprising Justices Anil Kilor and Raj Wakode questioned how the matter remained unresolved after such a long period. The bench sought clarification from the government regarding the nature of the stay.
Additional government pleader Sangeeta Jachak argued that the stay was not granted under Section 53(1) of the MRTP Act. Instead, she stated that the establishments had approached the government under Section 47 of the Act after the NMC rejected their request for additional development permissions. However, Kasat pointed to records indicating that the civic body had treated the stay as one relating to proceedings under Section 53. Noting this discrepancy, the bench directed both the NMC and the state government to file detailed replies by June 24.
Public Interest Litigation
A Public Interest Litigation (PIL) filed by three Shankar Nagar residents—Dr. Lalit Harode, Aseem Baodia, and Mrudula Phadke—has raised concerns over alleged unauthorised hotels and constructions in the locality. The petition, filed through senior counsel Akshay Naik and Parth Malviya, also alleges that several establishments have constructed illegal bridges over a nullah flowing from their backside, obstructing the natural flow of water.
The plea further claims that these structures were used to facilitate the escape of customers during enforcement actions. It also alleges a pattern of violations, including unlicensed liquor consumption, late-night operations, noise pollution, and traffic disruption. The petitioners accuse police and civic authorities of failing to act despite repeated complaints.
Additionally, the petition alleges encroachments on land belonging to Dr. Panjabrao Deshmukh Krishi Vidyapeeth, where commercial activity is restricted.
Key Takeaways
- NMC informed the High Court that demolition notices against alleged illegal constructions in Bajaj Nagar were issued in 2016.
- Action remained stalled after the establishments approached the state government.
- The High Court questioned why the matter remained unresolved even after nearly a decade.
- The PIL concerns alleged unauthorised hotels, illegal constructions, and a bridge over a drain in Kachipura.
- NMC stated that notices were issued under Section 53(1) of the MRTP Act.
- The government argued that the stay was linked to proceedings under Section 47 regarding development permissions.
- The court noticed discrepancies in records regarding the nature of the stay.
- Replies from NMC and the state government have been sought by June 24.
