Futala Lake Restro: HC to wait for district court decisions in 2 cases

Nagpur: The Nagpur bench of Bombay high court on Wednesday directed Nagpur Municipal Corporation (NMC) to argue and get decided two cases pending in the district court without seeking any more dates regarding the unauthorized restaurant, booking office, compound wall built by former Congress corporator Kamlesh Chaudhary and his mother Meena. The civic body filed an affidavit and informed the HC that demolition of unauthorized constructions was not carried out as the officials were served an ex-parte interim order.
Justices AS Chandurkar and Vrushali Joshi heard the case along with suo motu public interest litigation (PIL) 2/2022 on Wednesday. In last hearing on January 11, the HC had cited TOI reports to take cognizance of restaurant constructed by Chaudharys in the catchment area of Futala Lake, without permission of NMC or approval from land owner, Maharashtra Animal and Fishery Sciences University (Mafsu). Puranik had made a statement before the HC that he would obtain instructions with regard to the said issue and place the same before court on the next date of proceedings.
Puranik told TOI, “Affidavit giving detailed information about action taken by NMC was submitted before the HC. We were directed to argue and get decided two cases from the district court on next hearing slated on January 23. I informed that NMC was ready and has already taken necessary steps. I prayed for specific directions to the district court. HC observed the district court should decide applications as early as possible as per law. HC kept the matter for hearing after two weeks.”
Amicus curiae Apurv De said, “I made submissions before the HC that civil suits are barred as per section 149 of the Maharashtra Regional and Town Planning (MRTP) Act. HC observed two cases are pending with the district court so NMC should get the matters decided.”
In its affidavit, NMC informed the HC that building plan submitted by Chaudhary on August 15 was rejected on September 1 due to certain discrepancies. “Notice dated August 25 was issued under section 53(1) (a) and section 54 of the MRTP Act. Choudhary filed regular civil suit (1143/2022) challenging the notices and has obtained ex-parte stay. As a result of which NMC could not carry out the demolition of unauthorized construction by Choudhary family. The interim order is still being continued and the next date of hearing is January 23. It is submitted that though NMC filed a detailed written statement pointing out the illegality committed by Chaudhary family and forcefully arguing the matter, the learned civil judge senior division has continued the interim order,” the NMC said.
This case is related to residential building, which is under construction. NMC added ex-parte ad-interim injunction has also been obtained by Chaudhary family in similar notice served in relation to construction of restaurant on January 13 and next hearing is on January 23.