Nagpur: If you are a flat owner in Besa-Beltarodi, you may now be asking: “What will happen to our flats?”
After nearly 25 years of hearings, the Nagpur Bench of the Bombay High Court has finally reserved its judgment on the issue of unauthorized constructions in the area. This decision could directly impact hundreds of families who purchased homes in good faith but are now caught in a legal tangle between builders, the Nagpur Improvement Trust (NIT), and the Gram Panchayat.
The Core Question
- If your builder had approvals from the Gram Panchayat before August 31, 2010, should your flat still be considered illegal now that NIT is the Special Planning Authority?
- If NIT’s demolition notices under Section 53(1) of the MRTP Act, 1966 are upheld, will innocent flat buyers lose their homes despite having no role in the violations?
Background
- NIT issued notices to several builders for carrying out unauthorized constructions.
- Builders argued that they had Gram Panchayat approvals before NIT took over as the planning authority in 2010.
- A Public Interest Litigation (PIL No. 5468/2009) highlighted rampant unregulated land sales and illegal constructions in Besa-Beltarodi, prompting strict High Court scrutiny.
- Over the years, multiple adjournments delayed the case — until now, when the court has reserved its verdict.
Flat Owners’ Dilemma
If you are a resident of these schemes, you are left wondering:
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18 Aug 2025
- Will the court protect genuine buyers, or will demolition orders stand?
- Who should be held accountable — the builders who flouted rules, or the authorities who failed to regulate construction on time?
- What safeguards exist for families who invested their life savings in these flats?
Timeline of the Case
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Jan 27, 2011: The High Court ordered the District Collector to survey all buildings in Besa-Beltarodi and verify if they had valid permissions. Unauthorized constructions were to be halted immediately.
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Apr 26, 2011: Notices were issued to the respondents.
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May 4, 2011: Deadline given for filing replies.
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2011–2012: Multiple adjournments were sought by the government and NIT.
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Dec 22, 2018: Petitioners sought additional time.
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Jul 29, 2025: Matter listed for final hearing.
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Aug 5, 2025: Hearing adjourned again at the request of the government side.
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Aug 18, 2025: Final arguments concluded, judgment reserved.
Petitioners’ Argument
The petitioners’ counsel argued that most of the constructions had obtained approvals from the Gram Panchayat, which was the designated planning authority before August 31, 2010, when NIT took charge as the Special Planning Authority. Hence, they claim, NIT cannot revoke permissions already granted by the earlier competent authority.
NIT’s Stand
On the other hand, NIT’s counsel maintained that the notices were strictly issued under Section 53(1) of the MRTP Act, which empowers authorities to take action against illegal and unauthorized constructions. According to them, several buildings were developed without mandatory approvals, and thus, must be demolished to comply with the law.
Flat Owners in Limbo
As the verdict is now reserved, hundreds of flat buyers living in these schemes are deeply anxious. If the court rules in favor of demolition, their homes could be at risk, raising serious concerns about the accountability of builders and the protection of innocent buyers.
