Case Note & Summary
This Public Interest Litigation (PIL) was filed by Citizen Forum For Equality, a registered NGO, challenging the modification of user of a plot in the Development Plan, its allotment to Maharashtra Rashtra Bhasha Sabha (Respondent No. 9), illegal building construction, and the failure of Nagpur Improvement Trust (NIT) and Nagpur Municipal Corporation (NMC) to discharge their obligations. The subject plot, House No. 1155 CTS No. 1143 at Ward No. 74, measuring over 1.14 acres, was originally leased by NIT to Respondent No. 9 on 23.09.1961 for public utility purposes. The Development Plan was finalized under Section 31 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), with NIT as the planning authority until 27.02.2002, after which the NMC took over. The petition sought cancellation of the allotment due to violations of lease terms, re-entry and possession, demolition of unauthorized structures, a CBI inquiry, prosecution of those involved, and setting aside various resolutions and notifications. These included NIT Resolution No. 29/988 dated 30.03.2002, Resolution No. 7/1034 dated 11.08.2005, a Government Notification dated 21.02.2004 under Section 37 of the MRTP Act, a Management Agreement dated 05.10.2005 between Respondent Nos. 9 to 16, and a lease deed dated 21.12.2006. The petitioner alleged that despite the original lease being for public utility, the user was altered to commercial through a minor notification under Section 37(2) on 29.02.2004, increasing Floor Space Index (FSI) from 1 to 2.5. The trust had applied for change of user on 05.06.2000, and the State Minister had directed a report within ten days. The NIT had earlier pointed out that subdivision was not permitted, and the Development Control Rules were yet to be finalized. The petitioner contended that the Chief Minister was improperly approached by Respondent No. 9 and Respondent No. 12 (Developer) to secure the change. An indemnity bond was given by Respondent No. 9 on 08.08.1996, agreeing to pay enhanced charges and to demolish construction if directed. The matter was heard by a Division Bench of the Bombay High Court, Nagpur Bench, comprising Justices B.P. Dharmadhikari and Kum. Indira Jain. After issuing notice to selected respondents and hearing arguments, the court reserved judgment on July 29, 2016, and pronounced it on September 7, 2016. The detailed analysis and final decision are not included in the available excerpt.
Issue of Consideration
Whether the change of user of a plot from public utility to commercial in the development plan was valid; whether the allotment of the plot to Respondent No. 9 was in violation of lease conditions; whether unauthorized construction was carried out; and whether the planning authorities failed to perform their duties.
Case Details
2016 LawText (BOM) (09) 115
Public Interest Litigation No. 47 of 2013
B.P. Dharmadhikari, Kum. Indira Jain
Shri Tushar Mandlekar, Shri N.R. Patil, Shri S.M. Puranik, Shri S.K. Mishra, Shri K. Deogade, Shri M.G. Bhangde, Shri A.P. Kalmegh, Shri C.S. Dharmadhikari, Shri S.P. Dharmadhikari, Shri P.D. Meghe, Shri S.V. Manohar, Shri D.V. Chauhan
Citizen Forum For Equality, a registered NGO, through its President Mr. Madhukar Ganpat Kukde
State of Maharashtra & Ors.
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Nature of Litigation
Public Interest Litigation challenging modification of user of a plot from public utility to commercial, its allotment to a trust, and alleged illegal construction.
Remedy Sought
Cancellation of allotment, reentry and possession, demolition of unauthorized structure, CBI inquiry, prosecution, setting aside Resolutions No. 29/988 and 7/1034, Government Notification dated 21.02.2004 under Section 37, Management Agreement dated 05.10.2005, and lease deed dated 21.12.2006; direction to stop unauthorized use and recover property tax at commercial rate.
Filing Reason
Alteration of land use without proper justification, violation of lease conditions, unauthorized construction, and failure of planning authorities to act.
Previous Decisions
Not mentioned, but various administrative resolutions and notifications were passed regarding the plot, including NIT Resolution No. 29/988 dated 30.03.2002, Resolution No. 7/1034 dated 11.08.2005, and Government Notification dated 21.02.2004 under Section 37 of MRTP Act.
Issues
Whether modification of user of the plot from public utility to commercial was valid under the Maharashtra Regional and Town Planning Act, 1966.
Whether the allotment to Respondent No. 9 violated the original lease conditions.
Whether the planning authorities failed to prevent unauthorized construction on the plot.
Whether the change of user and subsequent agreements were obtained through improper influence.
Submissions/Arguments
The plot was originally leased for public utility purposes and could not be used for any other purpose.
Construction was not commenced within the stipulated time, and the building was used for non-confirming office purposes.
The change of user to commercial was obtained after giving an indemnity bond and under pressure from the developer.
The Chief Minister was directly approached by Respondent No. 9 and Respondent No. 12 to secure the change, bypassing regular procedures.
The NIT had earlier rejected the request for subdivision and sublease, indicating the change was not permissible.
No action was taken against violations of lease terms or unauthorized construction.
Judgment Excerpts
Subject matter is a plot having House No. 1155 CTS No. 1143 at Ward No. 74, ad measuring little over 1.14 Acre.
Reliefs claimed ... to cancel allotment of said land to Respondent No. 9 on account of violation of lease deeds, allotment letter and all Land Disposal Rules, to call upon said respondents to reenter and take possession of plot and to conduct fresh public auction thereof.
Renewal on 13.09.1996 was obtained in this background.
After giving indemnity bond and some understanding with Respondent No. 12 – Developer, the first application for change of user was moved on 05.06.2000 and the Hon'ble State Minister immediately called for necessary report with direction that it should be submitted within 10 days.
Procedural History
PIL filed in 2013; notice issued on 11.06.2013 to Respondent Nos. 1, 3, 4, 5, 7, 8, 9, 12, 13 and 16; heard finally by issuing Rule and making it returnable forthwith; reserved on July 29, 2016; pronounced on September 7, 2016.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 31, Section 37, Section 37(2)
- Nagpur Improvement Trust Act, 1936:
- City of Nagpur Corporation Act, 1948:
- Development Control Rules of 1983 & 2000:
- Bombay Public Trust Act: Section 36
