Wednesday, August 5


Nagpur: The Nagpur bench of Bombay High Court on Monday pulled up Nagpur Municipal Corporation (NMC) over delay in acting against alleged unauthorised constructions in Shankar Nagar-Bajaj Nagar area, asking why civic bulldozers reach encroachments within 24 hours in other cases but have remained idle here despite legal hurdles having been cleared.The oral observation came during the hearing of a PIL filed by Shankar Nagar residents Dr Lalit Harode, Aseem Baodia and Mrudula Phadke before a division bench of Justices Urmila Joshi-Phalke and Nivedita Mehta. The petition alleges that several restaurants are operating in violation of development regulations, causing late-night disturbances, noise pollution and recurring law-and-order issues.The court was told that NMC had issued notices under the Maharashtra Regional and Town Planning (MRTP) Act to 27 establishments in 2016 over alleged unauthorised constructions. The petitioners submitted that appeals against the notices were recently dismissed by the state govt, clearing the way for enforcement, yet no action has followed.Appearing for NMC, advocate Jemini Kasat sought 10 days to file a detailed affidavit on the proposed action. The bench accepted the request and directed the civic body to place its response on record within the stipulated period.Senior counsel Akshay Naik, appearing for the petitioners, clarified that they had no objection to restaurants between Bajaj Nagar Square and Kachhipura Square, including several well-known establishments. Their grievance, he said, was confined to alleged unauthorised constructions and activities elsewhere in the locality.The bench also directed NMC to first remove allegedly illegal bridges built over a stormwater drain and submit a compliance report. According to the petition, some eateries constructed the bridges behind their premises for access and, at times, to facilitate escape during enforcement drives.The PIL further alleges that several establishments operate beyond permitted hours, contributing to excessive noise, traffic congestion and public nuisance. It also claims that commercial activities have encroached on land belonging to Dr Panjabrao Deshmukh Krishi Vidyapeeth (PDKV), where such use is allegedly impermissible.Senior counsel Firdos Mirza and Uday Dabli appeared for restaurant owners on the Bajaj Nagar Square-Kachhipura Square stretch.The matter has been posted for further hearing on Aug 12, when the high court will consider NMC’s affidavit on the action taken against the alleged illegal structures.Key takeawaysHC questioned NMC’s delay in acting against alleged illegal constructions in Shankar Nagar.Remarked that bulldozers reach other encroachments within 24 hours and sought explanation for delay.PIL was filed by residents Dr. Lalit Harode, Aseem Baodia and Mrudula Phadke.NMC had issued MRTP notices to 27 establishments in 2016.Govt dismissed appeals against those notices, removing legal hurdles to enforcement.Court directed NMC to file a compliance affidavit within 10 days.Ordered removal of allegedly illegal bridges over a drain.



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