HC stays demolition of any part of Empress Mall

Source: The Hitavada      Date: 18 Mar 2017 10:06:27


Legal Correspondent,

Ordering notice to the respondents including the State Govt. and the Nagpur Municipal Corporation , Justice Z.A.Haq, has stayed further demolition of any portion of the Empress Mall, in response to the writ petition filed by the petitioner – owner, KSL & Industries Ltd.of Mumbai at Nagpur, seeking quashing of the order of January 24 last, issued by State Urban Development Secretary, communication of the City Municipal Corporation issued on February 13, 2015 and notice bearing date March 1, 2017 ordered by the City Municipal Commissioner. The Court has also restrained the respondents from taking any coercive action against the petitioner under the impugned orders and notice, in the meanwhile.

The Court has directed the respondents to file their submissions in reply to the petition by April 28 next and ordered listing of the case before it on May 5 next. The petitioner has challenged the judgment and order of the respondents, rejecting the proposal of the petitioners of amalgamation of certain plots and for change of user.

According to the petitioner-Company, it is absolute owner of the immovable property comprising all the land admeasuring 96,300 sq. Meters, since February 7, 2005, through Deed of Conveyance executed by the Maharashtra State Textile Corporation Ltd. According to petitioner Mall developer, entire construction was in accordance with Development Control Regulation and was rejected by then Municipal Commissioner on the basis of non-technical ground and denied allegation of any excess construction. The construction which is beyond permissible limit can be compounded, the appellant has claimed.

Minister of State for Urban Development Dr Ranjit Patil while asking the developer to submit its revised plan before the Municipal Commissioner, had directed the authority to decide it in accordance with law and prevailing DCR. But instead of waiting for submission of plan, the NMC rushed to demolish certain portion of mall causing irreparable loss to the ambitious project, the petitioner claimed while seeking stay to action, sanction to its revised plan as per DCR.  Senior counsel S K Mishra appeared with Advocates R L and D R Khapre and R G Kavimandan for the petitioner-Company.