High Court Clears Way for NMC Action Against Alleged Unauthorized Construction at Moonlight Studio

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Nagpur: The Nagpur Municipal Corporation (NMC) has received significant legal backing in the case concerning the alleged unauthorized construction of Moonlight Studio, owned by Umesh Varma in Dharampeth. Following the withdrawal of a writ petition before the Nagpur Bench of the Bombay High Court, the civic body has been granted liberty to proceed with action under the demolition notice in accordance with law.

According to records of NMC’s Dharampeth Zone No. 2, the structure was allegedly constructed without the required permissions and encroached upon the mandatory marginal space of a residential flat scheme. A demolition notice was issued on February 16, 2026, and the Assistant Commissioner subsequently directed the removal of the alleged unauthorized construction.

Challenging the municipal action, Umesh Varma filed Writ Petition No. 3932 of 2026 before the Nagpur Bench of the Bombay High Court. The petitioner argued that an application seeking approval and regularization of the structure had already been submitted and should be treated as deemed sanctioned.

On May 7, 2026, the High Court issued notice in the matter and directed both parties to maintain status quo until the next hearing, temporarily restraining the demolition.

Meanwhile, the proposal for regularization was examined by NMC’s Town Planning Department. On June 22, 2026, the Assistant Director (Town Planning) rejected the proposal under the provisions of the Maharashtra Regional and Town Planning Act, 1966.

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During the subsequent hearing, the Nagpur Municipal Corporation informed the Court that the structure was located within the mandatory marginal space of a residential scheme on an NIT layout and that the regularization proposal had already been rejected.

Thereafter, on July 13, 2026, the petitioner sought permission to withdraw the writ petition. The High Court allowed the request, disposed of the petition as withdrawn, and observed that NMC was at liberty to proceed with action pursuant to the demolition notice in accordance with law.

With the withdrawal of the petition and the rejection of the regularization proposal, the interim protection granted earlier by the High Court has come to an end. The Nagpur Municipal Corporation is now free to initiate further legal action, including demolition of the alleged unauthorized construction, in accordance with applicable laws.

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