-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO. 123/2008. Nagpur Improvement Trust . - versus- Jagdish Topandas Krishpani ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 20, 2009. On 09.04.2008 while issuing notice, this Court found that there was no plea in plaint that plot was in authorised layout or structure to be erected upon was sanctioned one. In this background I have today heard Advocate Shri Chhabra for appellant and Advocate Shri Khamborkar, for respondent. Limited grievance made by Advocate Shri Chhabra is there is a direction to appellant – Local Authority to sanction the building plan. He contends that building plan is required to be scrutinized as per Development Control Rules/ Building Byelaws and if it is found in conformity therewith, thereafter it can be sanctioned. According to him, directions as issued is therefore unsustaianble. -2- Advocate Shri Khamborkar, fairly states that the respondent has no objection if building plan submitted by him is considered in accordance with law. He states that appellant should be directed to consider such plan in time bound fashion. After hearing the parties it is apparent that question – Whether the courts below could have directed the Planning Authority to sanction the building plan which was not filed before it, arise for consideration in this Second Appeal. However, in view of the fair approach of learned counsel for respondent, it is not necessary for this court to admit the appeal. It is made clear that the appellant Planning Authority has to consider the building plan to be submitted by the present respondent in accordance with the Development Control Rules or Building Byelaws, and if it is found in conformity therewith, then only the same is to be sanctioned and not otherwise. Accordingly as requested by the respondent, time till 31.03.2009 is given to him to submit the building plan for sanction to appellant Nagpur Improvement Trust. If such plan is submitted by 31.03.2009, the planning authority to consider the same in accordance with law as early as possible and in any case by 31.05.2009. -3- In view of these directions nothing survives in the second appeal, the same is disposed of. No cost. JUDGE Rgd.