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Private Constructions on Public Land: Challenges to Nagpur's Inner Ring Road Project

Synopsis

Two government-owned plots of land in Nagpur have been encroached upon by private parties who built structures without proper permits. The Nagpur Improvement Trust issued demolition notices for these unauthorized constructions in the Dwarkapuri Cooperative Housing Society. The plots were originally designated for the Inner Ring Road. Although the private parties obtained a status quo order from the Minister of State for Urban Development, the removal of these encroachments is necessary for the construction of the Inner Ring Road. Society members have raised concerns about officials protecting illegal activities and have appealed for government intervention. A Public Interest Litigation has been filed to challenge regularization permits under the Gunthewari Act for these plots. The completion of the Inner Ring Road will greatly benefit citizens as part of the National Highway system.

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Two plots of land in Nagpur, originally owned by the government, have been used for constructing buildings by private individuals without obtaining proper building permits. The Nagpur Improvement Trust has issued demolition notices to these private parties in Dwarkapuri Cooperative Housing Society, Manewada. The residents of the society raised concerns as the plots were meant for constructing the Inner Ring Road. However, the private parties appealed to the Minister of State for Urban Development and were granted a status quo order. Despite this, the encroachments need to be removed for the construction of the ring road.



The State government acquired these plots, numbered 22 and 27, through an award issued on March 30, 1989, in the Dwarkapuri Cooperative Housing Society, Manewada. The Public Works Department took possession between 1993 and 1989 for the purpose of constructing the Inner Ring Road. Despite the government being the owner, these plots were regularized under the Gunthewari Act on October 5, 2015. The Gunthewari scheme 2.0 is expected to legalize more than 150,000 unauthorized plots, benefiting financially disadvantaged individuals who can then secure loans to build homes.



Commercial structures were erected on these plots without proper building plan approvals. Notices were sent to Varsha Tumane and Ameya Unhone by the Nagpur Improvement Trust to demolish these unauthorized constructions. The private parties sought a status quo order from the Minister of State for Urban Development. The Inner Ring Road, which will stretch from Omkar Nagpur Square to Shatabdi Square, necessitates clearing these plots to proceed with construction.



Society members have urged the government to investigate officials from the Nagpur Improvement Trust and Nagpur Municipal Corporation for allegedly protecting illegal activities in the area. Judges A S Chandurkar and Vrushali Joshi directed them to appeal to the government to address these unauthorized encroachments. Advocate Tushar Mandlekar filed a Public Interest Litigation (PIL) on behalf of Mangala Wakode and Rajashree Gajbhiye of Dwarkapuri Cooperative Society to invalidate regularization permits for plot 23 and 24 under the Gunthewari Act. The completion of the Inner Ring Road, spanning 46 km from Hingna T-point to Chhatrapati Square, Kalamna, Automotive Square Mankapur, and beyond, will bring significant relief to citizens, as it is part of the National Highway.

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