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The Nagpur bench of the Bombay High Court has ordered the Nirmal Ujjwal Credit Co-operative Society to demolish unauthorized structures-including a transformer, substation, and water treatment plant-built on a 24-meter-wide Development Plan (DP) road in Mouza Harpur, Umred Road. The court imposed a fine of INR 5 lakh, payable within a week to the Raman Science Centre, and gave four months for the structures to be removed. Citing violations of the Maharashtra Regional and Town Planning (MRTP) Act and earlier directives, the court rejected the society's justification and warned against setting a precedent that undermines public land use. If the society fails to act, the Nagpur Municipal Corporation must carry out the demolition.
The Nirmal Ujjwal Credit Co-operative Society was recently ordered by the Nagpur bench of the Bombay High Court to demolish unauthorized structures, such as a transformer, substation, and water treatment plant, that were built on a 24-meter-wide Development Plan (DP) road in a township at Mouza Harpur on Umred Road. The court also imposed a fine of INR 500,000, to be paid to the Raman Science Centre and Planetarium within one week. Advertisement
The court's decision followed a petition filed by local resident, highlighting the encroachments that obstructed the designated public road. The bench, comprising Justices Avinash Gharote and Abhay Mantri, found that despite the society's undertaking in 2019 to remove the encroachments, it failed to act, violating prior directives and land-use laws.
Rejecting arguments that the structures served residents and involved no commercial exploitation, the court held that construction on land earmarked as a public road under the Maharashtra Regional and Town Planning (MRTP) Act cannot be justified or regularized without a formal modification of the development plan. The bench cited a 2017 demolition notice issued by the Nagpur Municipal Corporation (NMC) and emphasized that the society knowingly encroached on land meant for public use.
The court further dismissed the society's reliance on the Gunthewari Act, ruling that the layout approvals were not granted under its provisions. Allowing such encroachments would set a dangerous precedent, undermining urban planning principles, the court concluded.
The court directed that the illegal structures be removed within four months, with assistance from the Maharashtra State Electricity Distribution Company Ltd (MSEDCL). Should the society fail to act, the NMC must carry out the demolition within a reasonable time thereafter.
By holding the developer accountable and imposing a fine, the court has set a precedent for strict enforcement of land-use regulations. This decision serves as a reminder to developers and societies of the importance of adhering to legal frameworks and the consequences of non-compliance.
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