Published On : Tue, Dec 20th, 2016

Buty Mall cannot go ahead without internal roads : HC

27mall1Nagpur: Trouble refuses to settle down on Glocal Square, an upcoming mall in Sitabuldi. The Nagpur bench of Bombay High Court has dismissed a review petition and reaffirmed its order asking Nagpur Improvement Trust (NIT) to ensure internal roads in the layout plan of the mall, also known as Buty Mall, which has been constructed to a great extent. If the Supreme Court upholds this order, some part of the mall may have to be demolished to make way for internal roads.

Justice RK Deshpande and SB Shukre had on Friday dismissed the review petition filed by three shopkeepers, who are to be accommodated in the mall — Akbar Malik, Atmaram Vajrani and Anwar Vali. It came as a big relief for 18 shopkeepers on Sitabuldi market main road.

NIT had issued demolition notice to these 18 shopkeepers. They had challenged NIT’s notice in the HC. On September 15, the HC passed strictures against NIT for not including internal roads in the layout plan. The HC also observed NIT indulged in mischief by giving unfair advantage to developers and owners of the project. The HC made it binding on NIT to change the under construction project and accommodate the internal roads.

NIT had challenged this HC order in the Supreme Court, which ordered the parties to maintain the HC order till next hearing on February 7, 2017. With the HC order prevailing, the three shopkeepers filed a review petition in the HC too.

The HC said on Friday, “It is not necessary for us to deal with other aspects of the matter, which are highlighted in the points of arguments, for the reason that we have left the issue to be decided by NIT, as to how and in what manner the sanctioned layout plan and building permit should be brought in conformity with the Abhyankar Road Widening and Buty Mahal Street Scheme published under section 45 of the NIT Act. The significance of the scheme and internal road is also highlighted in the report of the chairman of NIT, which we have noted in the said judgment.”

The HC also said the notices issued to the original petitioners clearly indicate that to implement the terms of compromise, the notices of demolition were issued. Perusal of the compromise showed that the same takes care of all the situations, and it is for NIT to see as to how and in what manner the sanction should be moulded by keeping the provision of internal road intact while sanctioning the layout plan and issuing the building permit, the HC said.

The state government had sanctioned NIT’s scheme on September 23, 1964. As per the scheme, three internal roads were to be constructed to connect Sitabuldi market main road to Abhyankar Road. One of the three roads was a 50 feet road. However, NIT did not accommodate the internal roads while sanctioning the layout and building plan of the mall. Sanction was given for one giant structure.

Now, over 50% works of the mall have been completed. NIT will have to ensure demolition of a major part of the mall and revise the project to accommodate the internal roads.

The only hope left for NIT and mall developer, Pune-based Goel Ganga Infrastructure and Real Estate Private Ltd, is the petition filed in the apex court.