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HC Orders Demolition of Encroachment on Road, Slaps Rs5 Lakh Fine on Developer
HC Orders Demolition of Encroachment on Road, Slaps Rs5 Lakh Fine on Developer

Time of India

time02-05-2025

  • Time of India

HC Orders Demolition of Encroachment on Road, Slaps Rs5 Lakh Fine on Developer

Nagpur: The Nagpur bench of Bombay high court on Tuesday ordered Nirmal Ujjwal Credit Co-operative Society to demolish illegal constructions —including a substation, transformer, and water treatment plant — erected on a 24-metre-wide Development Plan (DP) road in a township at mouza Harpur on Umred Road. The court also imposed a Rs5 lakh fine, directing it be paid to Raman Science Centre and Planetarium within one week. A division bench comprising justices Avinash Gharote and Abhay Mantri was hearing a petition filed by local resident Pranali Puttewar. The court found that despite the society's undertaking in 2019 to remove the encroachments, it failed to act, in violation of prior directives and land-use laws. Rejecting arguments that the structures served residents and involved no commercial exploitation, the court held that construction on land earmarked as a public road under the Maharashtra Regional and Town Planning (MRTP) Act cannot be justified or regularised without a formal modification of the development plan. The bench cited the 2017 demolition notice issued by Nagpur Municipal Corporation (NMC) and emphasised that the society knowingly encroached on land meant for public use. It further dismissed the society's reliance on the Gunthewari Act, ruling that the layout approvals were not granted under its provisions. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo The court concluded that allowing such encroachments would set a dangerous precedent, undermining urban planning. It directed that the illegal structures be removed within four months, with Maharashtra State Electricity Distribution Company Ltd (MSEDCL) providing assistance. Should the society fail to act, the NMC must carry out the demolition within a reasonable time thereafter. "We cannot condone the illegality committed by the society of making illegal construction of substation/transformer/water treatment plant on the land of 24 meters wide DP road, as it would be setting an absolutely bad precedent, on the basis of which, builders would have a free hand to present a fait accompli, after having committed an illegality," the judges said while allowing the petition. High Court Ruling – Key Points - Nirmal Ujjwal Credit Co-operative Society ordered to demolish illegal structures on 24-metre DP road - Structures include electric substation, transformer, water treatment plant - Rs5 lakh fine imposed; to be paid to Raman Science Centre within one week - Demolition within four months at society's cost - MSEDCL to assist in removing electrical infrastructure - If society fails, NMC will carry out demolition - Court rejects justification citing public benefit - Gunthewari Act defence dismissed, no approvals granted - Encroachments condemned as 'bad precedent'

After 13 years, NIT proposes to hand over 185 developed layouts to NMC
After 13 years, NIT proposes to hand over 185 developed layouts to NMC

Time of India

time29-04-2025

  • Business
  • Time of India

After 13 years, NIT proposes to hand over 185 developed layouts to NMC

Nagpur: After more than 13 years, the Nagpur Improvement Trust (NIT) has sent a proposal to Nagpur Municipal Corporation (NMC) to take over around 185 layouts. According to an NIT official, all these are Gunthewari Layouts developed by NIT. "As per NIT rules, once the layouts are developed, they need to be handed over to NMC, which will maintain the basic civic amenities in these layouts," said the NIT official, adding that they sent a letter in this regard along with two reminders and are waiting for NMC to take over the layouts. Sources said that once the layouts are handed over to NMC, the residents will get enhanced civic amenities. "Currently, many of the NIT layouts which have not been taken over by NMC are facing a lack of civic amenities, including problems in garbage collection, maintenance of roads, and others. The residents of these layouts have every now and then raised concerns over the issues," said sources. While developing the layouts, the NIT collected development charges from the owners and developed the layouts. NIT builds roads, stormwater drainage lines, sewer lines, water pipelines, and develops open spaces while developing the layouts. "NIT just develops layouts and hands them over to NMC, which is supposed to maintain them and provide further civic amenities to residents. Many of the layouts we developed are over 10 years old and face maintenance issues. We too sometimes carry out the maintenance work, but as per rules, we have to hand it over to NMC," said an NIT official. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Google Brain Co-Founder Andrew Ng, Recommends: Read These 5 Books And Turn Your Life Around Blinkist: Andrew Ng's Reading List Undo Apart from the 185 layouts, NIT has also almost completed development of another 406 layouts, which will also be handed over to NMC in the coming days. Before this, NIT has handed over 233 layouts to NMC along with 214 private layouts and 61 EWS layouts in 2011. The NIT has also handed over 79 open spaces in these layouts to NMC. Before 2011, NIT had handed over 126 layouts in 2001. When the Gunthewari Act was introduced in early 2000, the intention was to regularise 1,900 and 572 layouts created haphazardly by builders and developers. To streamline this, the state govt had introduced the Act to regularise these undeveloped layouts.

NIT asserts compliance with HC directives in Gunthewari layout plot regularisation
NIT asserts compliance with HC directives in Gunthewari layout plot regularisation

Time of India

time22-04-2025

  • Business
  • Time of India

NIT asserts compliance with HC directives in Gunthewari layout plot regularisation

NAGPUR : The Nagpur Improvement Trust (NIT) on Monday defended its decision to issue regularisation letters to private plot owners in a disputed Gunthewari layout . The civic planning body informed the Nagpur bench of the Bombay High Court that it had followed legal provisions and previous court orders, contrary to the claims made by the Chinchmalatpure Nagar Nagrik Kruti Samiti. NIT clarified that the open space requirements under the Maharashtra Regional and Town Planning (MRTP) Act were not applicable in this case, as the layout was regularised under the Gunthewari Act, 2001. The petitioner has challenged the regularisation of five plots in Raghvendra Griha Nirman Sahakari Sanstha, Mouza Manewada, where construction activities had already begun. In its affidavit, NIT stated that it had previously submitted a factual clarification on September 27, 2023. It also pointed out that the petitioner was fully aware of earlier orders passed in Public Interest Litigation (PIL) No. 80/2017, in which the court upheld the individual rights of private plot holders. Following a government notification dated March 1, 2021, NIT's general manager approved the regularisation of the five plots on December 13, 2022, under the amended Gunthewari Act, the NIT submitted. The petitioner highlighted that the high court had overturned previous rejections issued by NIT's executive engineer (South) in five separate writ petitions. Even though the NIT later filed review applications citing PIL No. 80/2017, the court dismissed them on April 21, 2023. NIT further noted that members of the Samiti had benefited from the Gunthewari Act in the past but were now opposing the regularisation of other plots. It reiterated that Regulation 3.4.1 of the Unified Development Control and Promotion Regulations (UDCPR)-2020 regarding open space requirements does not apply to Gunthewari layouts. Referring to the January 22, 2024, order by the former NIT chairman rejecting regularisation, the trust argued that the order contradicted directions issued by the court. It added that regularisation letters were issued only after the Division Bench's directions on December 19, 2023, in related contempt petitions. NIT has sought dismissal of the petition, asserting that previous court rulings had already resolved the factual and legal issues involved in the matter.

NIT asserts compliance with HC directives in Gunthewari layout plot regularisation
NIT asserts compliance with HC directives in Gunthewari layout plot regularisation

Time of India

time21-04-2025

  • Business
  • Time of India

NIT asserts compliance with HC directives in Gunthewari layout plot regularisation

Nagpur: The Nagpur Improvement Trust (NIT) on Monday defended its decision to issue regularisation letters to private plot owners in a disputed Gunthewari layout . The civic planning body informed the Nagpur bench of the Bombay High Court that it had followed legal provisions and previous court orders, contrary to the claims made by the Chinchmalatpure Nagar Nagrik Kruti Samiti. NIT clarified that the open space requirements under the Maharashtra Regional and Town Planning (MRTP) Act were not applicable in this case, as the layout was regularised under the Gunthewari Act, 2001. The petitioner has challenged the regularisation of five plots in Raghvendra Griha Nirman Sahakari Sanstha, Mouza Manewada, where construction activities had already begun. In its affidavit, NIT stated that it had previously submitted a factual clarification on September 27, 2023. It also pointed out that the petitioner was fully aware of earlier orders passed in Public Interest Litigation (PIL) No. 80/2017, in which the court upheld the individual rights of private plot holders. Following a government notification dated March 1, 2021, NIT's general manager approved the regularisation of the five plots on December 13, 2022, under the amended Gunthewari Act, the NIT submitted. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Alexandria: السيارات المصادرة بأسعار قد تفاجئك! عروض السيارات | إعلانات البحث ابحث الآن Undo The petitioner highlighted that the high court had overturned previous rejections issued by NIT's executive engineer (South) in five separate writ petitions. Even though the NIT later filed review applications citing PIL No. 80/2017, the court dismissed them on April 21, 2023. NIT further noted that members of the Samiti had benefited from the Gunthewari Act in the past but were now opposing the regularisation of other plots. It reiterated that Regulation 3.4.1 of the Unified Development Control and Promotion Regulations (UDCPR)-2020 regarding open space requirements does not apply to Gunthewari layouts. Referring to the January 22, 2024, order by the former NIT chairman rejecting regularisation, the trust argued that the order contradicted directions issued by the court. It added that regularisation letters were issued only after the Division Bench's directions on December 19, 2023, in related contempt petitions. NIT has sought dismissal of the petition, asserting that previous court rulings had already resolved the factual and legal issues involved in the matter.

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