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29.4.11

Besa builders challenge NIT demolition notices

In an interesting twist, the builders of allegedly illegal high-rise buildings and townships in Besa-Beltarodi region have challenged the demolition notices served to them by Nagpur Improvement Trust (NIT) between March 23-25. The Nagpur bench of Bombay High Court on Wednesday issued notices to the state urban development department secretary and Nagpur Improvement Trust (NIT) on a plea filed by the builders' lobby.

A division bench comprising justices Dilip Sinha and Ashok Bhangale directed that the petition be clubbed with another filed by Anil Wadpalliwar, who cited TOI and other media reports to allege that hundreds of buildings and townships in Besa-Beltarodi region have been built without following basic rules and regulations. Even Development Control Regulations (DCR) were thrown to the wind and there is gross FSI violation by the builders, Wadpalliwar had alleged. The judges have fixed the next date of hearing as May 4.

The latest petition was filed by Gramin Builders and Developers Association, which challenged notices served to them by NIT between March 23-25 for demolition of their alleged illegal structures. During last hearing, the collector had revealed to the court that as many as 1,460 constructions, including various high-rise buildings and townships in Besa-Beltarodi region flouted all norms. Through an affidavit, he informed that these structures had been built without seeking permission from the competent authority as per section 18 of Maharashtra Regional Town Planning (MRTP) act, 1966.

The affidavit further said that the collector is empowered to grant permission for change in use of land and its development. Moreover, the government through a notification of August 31 last year, under Section 40 of MRTP Act, had recognized NIT as special planning and development authority for the metropolitan area. The notification also stated that various violations like excess floor space index (FSI) and unauthorized constructions are to be dealt by NIT. The new petitioners have also challenged this notification.
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