1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 33 OF 2008 N.I.T. vs. Rajendra Ishwarsingh Paigwar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 21, 2008. Heard Shri Chhabra, learned counsel for the appellant. The Courts below have concurrently found that the present appellant could not point out as to how construction made by present respondents was illegal or unauthorised. The only contention of present appellant was that there was no sanctioned plan. Both the Courts below have found that the respondents had submitted plan for sanction and no action was taken on it within the statutory period and hence it was deemed to have been sanctioned. The Courts below also found that the present appellant has not brought on record any evidence to show that the sanction to said plan could not have been accorded as it was in violation of Development Control Rules or Building Rules. 2 Shri Chhabra, learned counsel for the appellant argues that the burden to show that said construction was not in violation of any Development Control Rules or Building Rules was on the respondents. The respondents had produced before the Courts below the plan deemed to have been sanctioned and as such burden was on the appellant to demonstrate that said plan was contrary to the provisions of law and could not have been sanctioned. In view of the arguments raised, no substantial question of law arises in the Second Appeal. The same is accordingly dismissed. No order as to costs. JUDGE *GS.