wp1946.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.1946/2011 M/s Nagra Motels Private Limited -vs- Akola Municipal Corporation and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Apurv De, learned counsel for the petitioner. Shri C. S. Kaptan, learned counsel for the respondent No.1. Shri A. D. Sonak, learned A.G.P. for the respondent No.2. CORAM : R. M. SAVANT, J. DATED : 12/07/2011. The above petition takes exception to the order passed in March, 2011, which has been communicated to the petitioner by the State Government by its communication dated 14/03/2011, by which order the appeal filed by the petitioner before the State Government came to be rejected. The gravamen of the allegation against the petitioner is the unauthorized construction carried out by it on the plot in question. The allegation is that though the plot is admeasuring 297.28 sq.mtrs., the excess construction carried out is to the extent of 128.44 sq.mtrs., then what was permissible. It is required to be noted that the petitioner had filed the building plan and sought permission, which was granted to it by the respondent No.1- Municipal Corporation on 12/03/2009 to put up a commercial premises admeasuring 168.84 sq.mtrs. Thereafter the petitioner applied for revision of wp1946.11.odt 2/3 the said plans by submitting an application dated 18/11/2009, which came to be rejected on the ground that the petitioner had carried out unauthorized/excess construction, in violation of the sanction dated 12/03/2009. A notice came to be issued to the petitioner on 23/07/2009 and thereafter as mentioned above, the petitioner has applied for revision of the plans. Upon the said revised plans being rejected, the petitioner approached the State Government by way of Appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966. The said appeal came to be rejected by the State Government inter alia on the ground that the unauthorized construction was in excess of the sanction dated 12/03/2009. It is pertinent to note that before the State Government the petitioner contended that the construction in question is of old vintage dating back to the year 1964. However, except the sale deed, by which the property in question was purchased by the petitioner in the year 1999, no other material was placed on record to indicate that the said structure was in existence since the year 1964. In the conspectus of facts wherein the approval was obtained by the petitioner on 12/03/2009 and thereafter the revised plans dated 18/11/2009 were submitted by the petitioner, it is difficult to accept the said case of the petitioner that the structure was in existence since the year 1964. It seems that the said contention is now sought to be innovated so as to get the benefit of a particular building regulation, which obligates the Corporation not to take action, if the structure is of wp1946.11.odt 3/3 particular vintage and to which the prescribed guidelines in so far as the marginal open space, etc. are not applicable. The said contention, therefore, cannot be countenanced in the teeth of the building plans having been sanctioned on 12/03/2009 and the revised plans being submitted on notice being issued by the Municipal Corporation on 23/07/2009. In that view of the matter, no case for interdiction is made out. The writ petition is accordingly dismissed. JUDGE KHUNTE