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Earlier this week, the Nagpur Improvement Trust (NIT) reaffirmed its compliance with the Bombay High Court's directives on the regularisation of plots in the Gunthewari layout. NIT clarified that the open space requirements under the Maharashtra Regional and Town Planning (MRTP) Act do not apply as the layout is regularised under the Gunthewari Act of 2001. The case concerns the regularisation of five plots in Raghvendra Griha Nirman Sahakari Sanstha, Mouza Manewada, challenged by the Chinchmalatpure Nagar Nagrik Kruti Samiti, with construction already underway. NIT stressed adherence to legal provisions and earlier court orders that upheld individual rights of plot holders.
The Nagpur Improvement Trust (NIT) has recently asserted its compliance with the directives of the Bombay High Court regarding the regularisation of plots in the Gunthewari layout. In response to a petition filed by the Chinchmalatpure Nagar Nagrik Kruti Samiti, the trust clarified that the open space requirements prescribed under the Maharashtra Regional and Town Planning (MRTP) Act are not applicable in this case, as the Gunthewari layout is regularised under the provisions of the Gunthewari Act, 2001. Advertisement
The petition raised concerns over the regularisation of five plots in Raghvendra Griha Nirman Sahakari Sanstha, Mouza Manewada, where construction activities had already begun. In its affidavit, NIT pointed out that it had previously submitted a factual clarification on September 27, 2023. The trust emphasized that the petitioner was well aware of the orders passed in Public Interest Litigation (PIL) No. 80/2017, which upheld the individual rights of private plot holders, allowing for the regularisation of plots under the Gunthewari Act.
As per the trust's submission, following a government notification issued on March 1, 2021, NIT's general manager approved the regularisation of the five contested plots on December 13, 2022, under the amended Gunthewari Act. Despite this approval, the petitioner challenged the decision, citing that the high court had previously overturned the rejections made by NIT's executive engineer (South) in five separate writ petitions. However, NIT stated that it had filed review applications based on PIL No. 80/2017, which were ultimately dismissed by the court on April 21, 2023.
NIT further highlighted that the members of the Samiti had previously benefited from the provisions of the Gunthewari Act, but now, they were opposing the regularisation of other plots. The trust reiterated that the open space requirements set out in Regulation 3.4.1 of the Unified Development Control and Promotion Regulations (UDCPR) 2020 do not apply to the Gunthewari layouts. NIT also referred to a January 22, 2024, order by the former NIT chairman, which had rejected regularisation. The trust argued that this order contradicted the directions issued by the court in earlier proceedings.
Furthermore, NIT stated that the regularisation letters for the contested plots were only issued after a Division Bench's directions on December 19, 2023, in related contempt petitions. The NIT's defence underscores its position that the trust has followed all legal procedures and court directives regarding the regularisation of plots in the Gunthewari layout.
The case underscores the importance of clear, consistent policies in urban development to prevent legal conflicts and ensure fair, equitable growth in rapidly expanding urban areas. It also serves as a reminder of the need for transparency and clarity in the application of laws related to land regularisation.
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