1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3790 of 2008. [Arun S/o Suryabhan Bhankhede] V. [Nagpur Municipal Municipal Corporation ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S. P. Kshirsagar, Advocate for the petitioner. Shri S. M. Puranik, Advocate for respondent. Coram: B. H. Marlapalle and A. H. JOSHI, JJ. Dated: 16th OCTOBER 2008. 1. We have heard Mr. Kshirsagar, the Learned Counsel for the petitioner and Mr. Puranik Advocate for the respondent. 2. Admittedly, the petitioner has received the notice under Section 53 of the Maharashtra Regional Town Planning Act, 1968 and under sub section (3) of the said section, there is a provision to apply for permission under Section 44 of the said Act for regularization of the subject construction. Mr. Puranik, the Learned Counsel for the Corporation states that if such an application is submitted by the petitioner within a period of four weeks 2 from today, it will be processed under Section 45 of the Act, and as per the DC Rules prevailing in the year 1996. 3. We are, therefore, satisfied that the petitioner's grievance for the time being does not arise and his application will have to be considered by the Corporation as expeditiously as possible, and preferably within a fixed period. 4. Hence, the petition is disposed off in terms of the following directions. (a) The petitioner to submit the application under Section 53(3) of the Act within a period of four weeks from today with all compliances. (b) The Respondent Corporation to consider the said application as per the DC Rules applicable in the year 1996-1997 as expeditiously as possible, and in any case within a period of three months from the receipt of the application. (c) The impugned notice shall not be acted upon till the Corporation decides the application of the petitioner. JUDGE JUDGE Sbm