A builder is carrying out construction for a commercial complex on a sprawling plot at civil Lines, which was under the possession of Nag Vidarbha Chamber of Commerce (NVCC) from 1948 till a few years ago, without building plan sanction for the last over two months.
Nagpur Municipal Corporation (NMC) issued a notice two days ago.
Located in front of Government Printing Press, the plot measures 40,000 sq ft. An administrator appointed by the National Company Law Tribunal (NCLT) on NVCC on January 31, an apex body of 13 lakh traders of Vidarbha, is investigating all acts, resolutions, decisions and agreements executed by the chamber or any of its past and present directors in related to impugned issues raised by four former presidents in a petition. The said land too is part of the investigation.
Also, the registrar of companies (RoC) is conducting an inquiry into the said land.
The builder has dug up to 20 feet and started concretization for base of basement parking. After receiving a complaint, NMC Dharampeth zone issued a notice dated June 12 to builder Bhagirath Realty Private Ltd directing to submit permissions within three days for verifying unauthorized construction.
The NMC Town Planning Department on Wednesday issued a notice to Bhagirath Realty Private Ltd through director Ramesh Rander issuing directions to stop the works with immediate effect.
“It is seen that you have started construction without obtaining building plan sanction. Unauthorized construction on the plot is proved. You have been found guilty as per section 52 (1) of the Maharashtra Regional and Town Planning (MRTP) Act as sanction has not been obtained as per section 52, 53 and 54 of the MRTP Act.
The department also sought explanation within two days. “Legal action as per section 52 of MRTP Act will be taken in case of non-compliance of the notice. You will be responsible for any loss of life/financial at the site,” the department said.
In its preliminary findings, the office of RoC had stated, “NVCC was in possession of 40,000 sq ft land with structure since 1948. In 2008, Madhya Pradesh Merchants Chamber Of Commerce (MPMCC) filed eviction suit which was decreed against NVCC by Additional Small Cause Judge. NVCC’s appeal was admitted. Further the landlord had also filed a review petition before the Small Causes Court.”
The RoC office observed that there was no urgency for NVCC to rush for out-of-court settlement with the landlord. RoC found that the then NVCC president and director Ashwin Mehadia made wrong presentation of facts before emergency general meeting.
“Mehadia also did not inform actual strength of tenancy rights as the chamber was holding possession for more than 12 years and, apparently, he connived with landlord and made unlawful gain to him and wrongful loss to NVCC.
“Further, Mehadia signed the official documents of the company as the director (president) even though he was disqualified from doing so,” the report stated.
Rander was one of the directors in MPMCC.
NMC in the notice also said builder violated norms of environment and mineral excavation. The builder has erected barricade on retaining wall of the nullah.