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Jagdishchandra & Company, along with three other cycle shop owners in Nagpur, on Friday, November 20, moved a petition before Nagpur bench of Bombay High Court seeking a stay to the order of demolition of cycle shops in Sitabuldi.
As per the notice issued by Nagpur Municipal Corporation (NMC), the shops were in a dilapidated condition and hence were supposed to be demolished.
The principle grounds of stay by High Court were:
- No structural audit was conducted by the NMC. Also, in the absence of the audit report, the NMC could not have come to the conclusion that the shops were in a dilapidated condition.
- Even according to the demolition notice, only a part of the structure is dilapidated, therefore there is no requirement of demolition.
- Merely because a structure looks dilapidated, it does not mean that it needs to be demolished, the structure can also be repaired.
- Justice VG Joshi granted stay to demolition and directed the matter to be listed on November 23, 2020. Advocate Kartik N Shukul assisted by Advocate Rohit Chougule for petitioner, Advocate MS Pande for the landlord. The notice was issued to State and NMC.