First pay demolition cost, then argue: HC to N Kumar
Nagpur: The Nagpur bench of Bombay high court refused to hear submissions from a developer after he failed to deposit demolition costs for illegal constructions at Poonam Chambers and Poonam Tower, sharply observing, "First pay the demolition cost, then your submissions will be heard."A division bench of Justices Urmila Phalke Joshi and Nivedita Mehta expressed strong displeasure at the continued non-compliance by developer N Kumar, who was directed to deposit ₹41.37 lakh with the Nagpur Municipal Corporation. The court noted that even the initial amount of ₹9 lakh, expected to be paid so far, was not deposited.The matter arose from a petition filed by Kumar challenging notices issued for demolition of unauthorised structures in the two buildings. During the hearing, the NMC informed that demolition at Poonam Tower was already complete, while work at Poonam Chambers was underway and nearing completion.The bench also took exception to Kumar being represented by a chartered accountant, Abhiruchi Agrawal, despite earlier directives that he must either appear in person or engage a qualified advocate. Agrawal's continued appearance drew further criticism from the court.Later in the day, Kumar attempted to join the hearing via video conference, but technical issues prevented proceedings. He conveyed his intent to present arguments, but the court declined to consider them in view of non-payment.Recording the failure to comply with repeated orders, the bench said the petitioner cannot seek relief without first fulfilling financial obligations arising from the demolition. The court made it clear that no submissions would be entertained until the required amount is deposited.The NMC, represented by Gemini Kasat, reiterated that ₹9.97 lakh relating to Poonam Tower remained unpaid. Taking note of this, the court reiterated its stance and adjourned the matter to April 18.
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