Nagpur: Considered by Nagpur Bench verdict the Bombay High Court in Pills related to the Children’s Traffic Park, a NGO city has approached HC again by submitting a review application.
The division bench consisting of Judge Sunil Shukre and Anil Pansare issued a notice to Commissioner Nagpur Municipal Corporation (NMC), Assistant Commissioner of the Dharampeth Zone, and NMC Park Supervisor, asked them to submit a reply within six weeks.
The foundation of the Civic Action Guild (CAG) argues that HC has mistakenly directing the NMC planning authority to verify whether the development work is carried out strictly in accordance with the requirements of all relevant development control regulations (DCR) 2000.
The direction will provide an opportunity for the Civic body to Regulating unauthorized development in a place that was replaced as’ Dyanyogi Dr.
Shrikant Jichkar Traffic Park in 2005.
Pressing for a review of September 8, 2021, the Petitioner through Tushar Mandlekar advice argued that HC had a serious mistake and the law needed to be repaired.
“HC hasn’t considered his own order in Pill Nos 40/2013 and 88/2018, as well as the NMC Commissioner’s office note, where he has clarified that the tender would not float unless illegal construction was eliminated,” he said.
While allowing NGO pills, HC has canceled the tender that floated by NMC and requested city planning authorities to verify whether the use of the area for each activity mentioned in the tender in accordance with the reservation shown in the final development plan (DP) as a “open space recreation”.
According to the applicant, such a direction cannot be issued in a clear HC observation background on the previous pill, that the development work carried out by NMC is illegal, without approval, and therefore is illegal development in accordance with the regional city of Maharashtra.
Planning (MRTP) ACT, 1966.
“HC has observed that park development work is not released from DCR provisions.
It requires the ‘building permit and the start certificate’.
Because NMC fails to get this certificate, all construction has illegal and the only remaining choice is destroying it, “said Mandlekar.
NGOs showed that since the regions in Khas 42, Mouza Gadga, was reserved as a park in the original development plan (DP), the commercial tender for NMC illegal and violated the basic rights of the residents.
It was said that the land was misused by anti-social elements under NMC protection for years, despite objections by the applicant.