( Smt. Jyoti V. Pathak & Ors. v. Nagpur Municipal Corporation & Ors.

Shri S.S. Voditel, Adv. for petitioners. Shri N.W. Sambre, G.P. for respondent nos.3 and 4. CORAM :- S.A. BOBDE & MRS. MRIDULA BHATKAR, JJ. DATED :- 31 st AUGUST, 2010. The petitioners have prayed for a declaration that the demolition of house No.554 situated at Walker Road, Mahal, Nagpur on 6/6/2010 is illegal and not in accordance with law. The petitioners have further prayed for directing departmental enquiry to be initiated against all the Municipal Officers involved in carrying out the said demotion and also for compensation. Shri Voditel, learned counsel for petitioners, submitted that the part of the house in which the petitioners were living was demolished by the Commissioner without any notice even when there was no imminent danger and now the successors in interest of 2 that property are proposing to reconstruct the property. The learned counsel further submitted that the reconstruction would be illegal in absence of the permission of Commissioner under section 289 (3) of the City of Nagpur Corporation Act, 1948. Prima facie, we are of the view, that the petitioners are raising disputed questions of fact namely, the condition of the building and the rights of the subsequent purchasers to carry out construction. It cannot be said that a 'bona fide purchaser' of property does not have sufficient cause to enter into the property. However, the determination of all these questions will require evidence which can be properly gone into by the Civil Court in a civil suit. In the circumstances, we are not inclined to entertain this petition, hence the same is rejected. The petitioners shall be at liberty to approach the Civil Court for appropriate remedy. JUDGE JUDGE Tambaskar.