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NMC faces 1 cr penalty for ignoring HC orders on rehab
NMC faces 1 cr penalty for ignoring HC orders on rehab

Time of India

time06-05-2025

  • Business
  • Time of India

NMC faces 1 cr penalty for ignoring HC orders on rehab

Nagpur: The Nagpur bench of Bombay High Court on Tuesday lashed out at the Nagpur Municipal Corporation (NMC) for failing to act on its repeated directives related to the rehabilitation of licensee vendors displaced by the Ganesh Tekdi railway station parking plaza project. The division bench comprising Justices Avinash Gharote and Abhay Mantri warned that it was inclined to impose a penalty of 1 cr on the civic body for its "insensitive" conduct and disregard for court court was hearing a petition filed by Syed Sakir Ali Abdul Ali and 34 others through Counsel Mahesh Dhatrak, who challenged the prolonged delay in implementing a revised proposal under Section 37 of the Maharashtra Regional and Town Planning (MRTP) proposal, crucial for rehabilitating affected shopkeepers, was to be submitted by NMC to the state govt as directed by the court on February 27. However, as of May 5, the civic body failed to send the required proposal.

Nagpur: HC orders demolition of encroachment on road, fines developer
Nagpur: HC orders demolition of encroachment on road, fines developer

Time of India

time04-05-2025

  • Time of India

Nagpur: HC orders demolition of encroachment on road, fines 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. 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.

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'

Pune civic body forms panel for Phule couple memorial expansion
Pune civic body forms panel for Phule couple memorial expansion

Hindustan Times

time26-04-2025

  • Politics
  • Hindustan Times

Pune civic body forms panel for Phule couple memorial expansion

The Pune Municipal Corporation (PMC) has constituted a 14-member committee to oversee the land acquisition for the proposed integration and expansion of the Mahatma Phule Wada and Kranti Jyoti Savitribai Phule Memorial in the Mahatma Phule Peth area. On Friday, PMC municipal commissioner Rajendra Bhosale issued an order regarding the same. Apart from forming a committee, the Pune Municipal Corporation (PMC) has also set up a special squad to survey properties spread over 5,310 square meters of land located between and around the Mahatma Phule Wada and Savitribai Phule Memorial. These properties will be acquired for the expansion and integration of the two historic sites, said officials. The squad includes 31 officials, with the assistant municipal commissioner of Bhavani Peth ward, Kisan Dagadkhair, appointed as the in-charge of the team. The Maharashtra government has cleared the proposal through an official notification issued on February 7, paving the way for the ambitious heritage project. As per the plan, approximately 5,310 sq m of land will be acquired under provisions of the Maharashtra Regional and Town Planning (MRTP) Act, while an additional 298 sq m is earmarked under Section 205 for road infrastructure development. The area slated for acquisition lies adjacent to the memorials and will be reserved exclusively for the expansion and redevelopment of the historical premises associated with social reformers Mahatma Jyotiba Phule and Savitribai Phule. The distance between the two memorials is around 300 meters. Most of the land in this stretch has existing structures that need to be acquired for building a road. This road is part of the development plan (DP) for Pune city. The committee will be chaired by Avinash Sakpal, deputy commissioner of Zone 2, and will include representatives from PMC's departments of land acquisition, building construction, solid waste management, and property management, among others. As part of its mandate, the panel will carry out ground-level surveys and inspections, hold consultations with affected residents, and provide guidance regarding the acquisition process. The committee will also collect inputs from residents on their preferred form of compensation—whether via Floor Space Index (FSI), cash settlement, or Transferable Development Rights (TDR). Based on these consultations, the committee will prepare a detailed proposal and seek approvals from the municipal commissioner, the standing committee, and the general body before moving ahead with implementation.

BMC pulls up hotel next to razed Jain temple for illegal construction
BMC pulls up hotel next to razed Jain temple for illegal construction

Hindustan Times

time25-04-2025

  • Business
  • Hindustan Times

BMC pulls up hotel next to razed Jain temple for illegal construction

Mumbai: Barely a week after the Brihanmumbai Municipal Corporation (BMC) razed a Jain temple in the Neminath Co-operative Housing Society premises in Vile Parle East, the civic body on Wednesday issued a notice for unauthorised construction to Ramkrishna hotel, which owns a majority of the flats in the building. The notice was issued under section 53(1) of the Maharashtra Regional and Town Planning (MRTP) Act, 1996 after civic officials compared the original building plan with the existing structure to ascertain alterations, sources in the civic body told Hindustan Times. 'We compared the changes with the approved plan of the building, which is with the BMC's development plan (DP) department, and issued the notice accordingly,' a BMC official told Hindustan Times on condition of anonymity. The hotel owners have been asked to respond to the notice within 30 days, with documents showing the alterations are legal, failing which they will have to be demolished, he official mentioned. Trustees of the now demolished Jain temple welcomed the move, saying they had been complaining about the hotel's unauthorised expansion for many years. The hotel owns several apartments in Neminath co-operative housing society which have been converted into guest rooms that are rented out commercially, they alleged. 'Besides, the hotel owners have constructed a makeshift brick and mortar structure right next the temple where its staff is housed,' said Anil Shah, a member of the Shree 1008 Digambar Jain Mandir Trust which managed the demolished temple. 'We have been complaining against the illegal constructions since 2006 but no action had been taken till now,' said Shah. Similar notices for unauthorised construction had been issued earlier to the Jain temple, said trustees. On April 7, the city civil court had rejected the temple trust's plea against demolition but granted interim protection for seven days to allow the trust to appeal against the decision. While the interim protection expired on April 15, the temple was demolished the next day before the trustees got a stay order on the demolition from the Bombay high court. The BMC's punitive action prompted thousands of Jains to hit the streets on April 19 for a massive silent rally. Protestors including trustees of the temple claimed that it was razed at the behest of the owners of Ramkrishna hotel, which wanted to expand its business to other parts of the housing society. Three days later, on April 22, the state minority commission took cognisance of the matter and conducted a survey of the site. The commission rapped the BMC for acting in haste and using excessive force to raze the temple. It also directed the civic body to initiate action against all unauthorised structures in the premises. 'We conducted a survey of the premises following the commission's order to identify all the unauthorised structures,' said an official. 'We have issued a notice to the owners of Ramkrishna hotel based on the findings and more such notices will be issued as and when discrepancies are highlighted during inspection.'

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