Document Fragment View

Matching Fragments

Mr. Desai, learned AGP seeks time to get the HC-NIC Page 3 of 10 Created On Tue Jun 06 00:56:41 IST 2017 instruction from the District Collector.?
Thereafter, on 20.12.2006, the following order was passed:
?Pursuant to the order passed by this Court dated 13.12.2006, it has been submitted by Mr. Chhaya, learned AGP that as such, his instructions are that, it is not possible to regularise the construction and use of NA since the title is defective. However, he further submitted that even if this Court is inclined to consider the matter for giving of any direction, as per his instruction, the whole area is used for construction and for NA, road is required to be laid down and common plot is also required to be maintained. If such a provision is to be made, it may result into demolition of 3 to 4 tenements.

The aforesaid aspect shall be considered at the later stage. However, the petitioner shall produce the proposed layout for NA by making proper provision for the road and the common plot as per the provisions of the Code read with the Rules and the respondent shall inform the Court the probable premium had the permission been granted and the penalty. The aforesaid exercise shall be undertaken within a period of three weeks.?

The matter was once again heard and on 18.01.2007, this Court had passed the following order:

?1. Pursuant to the order passed by this Court dated 20th December, 2006, the petitioner shall submit permissible lay out plan for N.A., had the permission applied for N.A. The District Collector shall verify such plan. He shall also verify through the office of the District Inspector of Land Record by visiting on site as to whether the permissible open space for common plot, road etc. is available on site. If any construction is in existence over the space which is required to be kept open, the same shall also be identified in the sketch. The petitioner shall provisionally deposit the amount of Rs.10,000/- (Rupees Ten Thousand Only ) with the District Collector towards the cost of the verification etc. within one week from today. The aforesaid exercise HC-NIC Page 4 of 10 Created On Tue Jun 06 00:56:41 IST 2017 shall be undertaken by the District Collector within a period of one month from the receipt of revised plan and report to this Court with the sketch of District Inspector of Land Record through the officer not below the rank of Mamlatdar.