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Unsanctioned construction of commercial complex in Nagpur provokes legal action

In a recent development in Nagpur, Bhagirath Realty Private Ltd is under scrutiny for undertaking construction of a commercial complex without appropriate planning permissions. The structure is being erected on a large tract of land, formerly possessed by the Nag Vidarbha Chamber of Commerce (NVCC), at Civil Lines, drawing widespread criticism and legal intervention.

Nagpur Municipal Corporation (NMC), Dharampeth zone, had issued a stern notice to the builder two days ago, demanding the submission of necessary authorizations for review within three days. Despite the notice, construction was observed to be ongoing during a site visit this Wednesday.

The plot under contention, measuring 40,000 sq ft and located opposite the Government Printing Press, has a convoluted history of ownership disputes. The National Company Law Tribunal (NCLT) had previously appointed an administrator to investigate several issues raised by former NVCC presidents, including the status and transactions concerning this land. The ongoing investigation also involves probing the actions and agreements of current and former NVCC directors.

In a parallel development, the registrar of companies (RoC) is also conducting a separate investigation into the land. Bhagirath Realty's unauthorized activities on the plot thus far include excavation up to 20 feet and the commencement of concretization for a basement parking base.

The NMC Town Planning Department has also issued a warning to Bhagirath Realty through director Ramesh Rander to cease all operations immediately. The department emphasized that the builder had infringed upon the Maharashtra Regional and Town Planning (MRTP) Act by commencing construction without obtaining building plan sanction. Non-compliance with the notice could lead to legal action as per section 52 of the MRTP Act, and any accidents or financial losses on site would be the sole responsibility of the builder.

The RoC's initial findings highlighted that NVCC's possession of the land since 1948 had been challenged in an eviction suit by the Madhya Pradesh Merchants Chamber of Commerce (MPMCC) in 2008, and the court had ruled against NVCC. However, the RoC noted that NVCC's former president, Ashwin Mehadia, had provided misleading information about the case and had potentially made unlawful gains.

The NMC notice also mentioned that the builder had breached environmental and mineral excavation regulations and set up a barricade on the retaining wall of the nullah.

In conclusion, the incident underscores the need for stringent enforcement of town planning laws to prevent unauthorized construction. As authorities unravel the legal intricacies of this land dispute, the emphasis is on ensuring transparency, legality, and safety in urban development projects.

 

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