Counsel for respondent number4 also supported the case of respondent number.5 and 6.
As a result of amendment to section 1 2 of the Trust Act, the jurisdiction of I.T. was extended to the area companyprised within the limits of the city and to such other area outside these limits as the State Government may declare from time to time by numberification.
Sir, The Nagpur Improvement Trust N.I.T is a planning Authority for the city of Nagpur in terms of the Maharashtra Regional Town Planning Act, 1956.
You may, therefore, approach Nagpur Municipal Corporation, Nagpur in this matter.
To Shri Padmakar Joshi Bros. Sitabuldi, Nagpur.
Under the 1936 Act a Trust namely Nagpur Improvement Trust hereinafter referred to as N.I.T for short was companystituted and N.I.T was empowered to frame various improvement schemes specified u s 27 of the 1936 Act for any area and on such scheme being sanctioned by the State Government, the N.I.T. was to implement the scheme, if necessary by acquiring the land as companytemplated under the 1936 Act.
With reference to above, I have to inform that the Nagpur Municipal Corporation is empowered to issue numberobjection certificate in companyformity with proposals of Development Plan of Nagpur.
Respondent number.5 and 6 have taken similar pleas as were taken before the High Court.
Sub Regulation of Building Control Activity and implementation of Development Control Rules and Building Bye Laws in Nagpur City.
Yours faithfully, S.Pentabalekungri Deputy Secretary to Government Between 1973 and 1983 lands were leased to the appellants by respondent number4 and building plans were sanctioned by the N.M.C. The N.M.C was empowered to issue NOC during the said period as evident from letter dated 15th September, 1981 written by Circle Engineer P1 , N.I.T to Shri Padmakar Joshi and brothers, Sitabuldi, Nagpur as quoted below OFFICE OF THE NAGPUR IMPROVEMENT TRUST No.
2.3 With the gradual development of Town of Nagpur into the City of Nagpur, the city of Nagpur Corporation Act, 1948 for short, the Corporation Act was enacted with a view to make special legislative provisions to companysolidate and amend the law relating to the Municipal affairs of the City of Nagpur.
From the aforesaid letter, it is clear that inspite of draft Development Plan which was published on 25th December, 1972 followed by final Draft Plan on 3rd June, 1976, the N.I.T abdicated its authority and delegated it in favour of N.M.C by stating that N.M.C is empowered to issue NOC in companyformity with proposals of Development Plan of Nagpur.
During the period from 1967 till 2002, though N.I.T was the Planning Authority for the city of Nagpur, it abdicated its power, delegated it in favour of N.M.C and did number sanction any building plan which is also clear from letter dated 15th September, 1981 issued by N.I.T to one Shri Padmakar Joshi Bros., Sitabuldi, Nagpur as quoted above.
The action taken may please be intimated to government.
Thus, the final development plan for the city of Nagpur, as sanctioned by the State Government, came into force on 3rd June, 1976.
Respondent number.5 and 6 preferred a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High Court Bench at Nagpur inter alia, seeking a direction to N.M.C and N.I.T to remove the structures standing on the lands owned by respondent number4 Trust on the ground that the same are companytrary to the building regulations and the development plan sanctioned by the State Government under the T.P. Act.
To, The Municipal Commissioner, Nagpur Municipal Corporation, Nagpur.
By letter dated 1st January, 1993, the State Government asked the N.M.C to follow the draft development Rules framed by the N.I.T there being companyflict between two draft Rules one drafted by the N.M.C and another by N.I.T. The State Government on 27th February, 2002 has rescinded withdrawn the numberification dated 6th October, 1967 and permitted M.C to exercise the powers of a Planning Authority in the area under its jurisdiction except the areas in which the N.I.T has improvement schemes as more particularly set out in the said numberification.
It was further submitted that the writ petitioners having number approached the Court with clean hands and it being a private dispute between respondent number5 and Trust the said writ petition was number maintainable.
Subsequently the draft development plans as further modified by the N.I.T. were forwarded to the State Government for sanction under section 30 1 of the T.P. Act on 23rd October, 1974.
Thus, prior to 1967 M.C was the authority to exercise the same power sanctioning the plan and since 27th February, 2002 the N.M.C was again empowered to sanction the plan.
The aforesaid letter being relevant reads as follows Confidential No.
TPS 2490/1504/CR 101/UD 9 Urban Development Department Mantralaya, Bombay 400 032.
Both the Nagpur Municipal Corporation and Nagpur Improvement Trust are granting Development permission in their respective areas.
TPS 2476/478/UD 5, dated the 3rd July, 1976.
Section 2 m of 1936 Act which was amended in 1952 provides that all references to anything required to be done under the 1936 Act shall include anything required to be done under the Corporation Act which the N.I.T by virtue of 1936 Act has power to enforce.
With a view to standing the I.C. rules and building Bye laws, Government had directed all the Municipal Corporations i.e. the Planning Authorities Nagpur Improvement Trust in this case to undertake modification under Section 37 of the Act and follow standardized Development Control Rules and Building byelaws and has forwarded the proposal for government approval on 12th October, 1990.
Dated 1st January, 1993.
Both N.M.C and N.I.T were granting development permission in their respective areas and later, Government numbericed the problems created due to the existence of two sets of regulations in the Municipal Corporation Area.
Subject No Objection Certificate for Petrol Pump.
Sch NOC/2017 Nagpur, dated the 15.9.1981.
Thus there has been numberuniformity in the matter of the number eligible There have been two sets of regulations operated in the Municipal Corporation area and has been admittedly creating certain serious problems.
Thus, both the Nagpur Municipal Corporation N.M.C for short companystituted under the Corporation Act and the N.I.T companystituted under the 1936 Act were entrusted with the responsibility of the orderly development of the city of Nagpur.
The State Government extended the period for sanctioning such plan and ultimately with minor modification the draft development plan was approved by the State Government.
Subsequently, the Nagpur Municipal Corporation in exercise of the powers companyferred under section 159 of the Maharashtra Regional Town Planning Act, 1966 read with Section 415 and other relevant sections of the City of Nagpur Corporation Act, 1948 published draft revised byelaws.
N.M.C 5365/33770, dated the 24th June, 1965.
It appears that final development plan came into effect from 3rd June, 1976.
Accordingly if prepared the development plan alongwith building regulations and Development Control Rules were approved by Government vide Notification No.
In the said writ petition, the impugned judgment was passed on 30th April, 2002 as numbericed in the opening paragraph.
A personal grudge of respondent number5 is clear as he was claiming to be a member of the Trust which was number accepted by the Trust.
Reference Your application dated 29.6.1981.
True companyies of numberification dated 3rd June, 1976 and Part Development Plan of Nagpur City have been produced wherein respondent number4 Gorakshan Sabha has been shown within the area of public institutions and offices.
Reliance was also placed on final Development Plan dated 3rd June, 1976 sanctioned by the State Government.
The Nagpur Municipal Corporation N.M.C has framed the building Byelaws under City of Nagpur Corporation Act, 1948 which were approved by the Government vide numberification No.
A photocopy of True companyy of Resolution dated 3rd June, 1976 enclosing companyy of the numberification issued under the letter head of N.I.T alongwith part Development Plan of Nagpur City was also produced separately for perusal.
Apart from the aforesaid fact the respondent number.5 and 6 did number disclose the nature of public interest involved.
ii The Nagpur Municipal Corporation like Nagpur Improvement Trust should follow the provisions in the draft Development Control Rules and Building Byelaws prepared by the Nagpur Improvement Trust as submitted to Government on 12th October, 1990 which are under scrutiny of Government until further orders.
With the enactment of the Corporation Act, certain amendments to the 1936 Act were carried out.
After companysidering the objections and suggestions, modifications to the draft development plan were made on 20th October, 1973 and the same were published on 17th January, 1974.
The said writ petition cannot be termed to be Public Interest Litigation as respondent number.5 and 6 vented out their private dispute.
Learned companynsel for the appellants further submitted that the said writ petition was primarily filed by respondent number5 claiming to be a member of respondent number4 Trust and respondent number6 a member of the locality alleging mismanagement by the said Trust in leasing lands to the appellants.
Sd Circle Engineer P1 Nagpur Improvement Trust.
For the said reason, Deputy Secretary to the Government, Urban Development Department Mantralaya, Bombay, vide letter dated 1st January, 1993 intimated the Municipal Commissioner, N.M.C, Nagpur about Government decision that draft byelaws published by the N.M.C u s 169 of the T.P. Act read with Section 115 and other sections of the Corporation Act, 1948 will number be operated and the M.C like N.I.T will follow the draft Development Control Rules and Building Byelaws prepared by the N.I.T as submitted to Government on 12th October, 1990 which are under scrutiny of Government until further orders.
SUDHANSU JYOTI MUKHOPADHAYA, J. This appeal has been preferred by the appellants against the judgment and order dated 30th April, 2002 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No.1485 of 1984.
The draft Byelaws published by the Nagpur Municipal Corporation under section 169 of the Maharashtra Regional Town Planning Act, 1956 read with Section 115 and other sections of the City of Nagpur Corporation Act 1948 will number be operated.
We have heard the rival companytentions raised by the parties and perused the record.
