INDORE MUNICIPAL CORPORATION Vs. HEMALATA

JUDGEMENT

(1.) .

(2.) THE respondents are the owners of property bearing khasra No. 92/2 and 93 of Palasiahana (within the Municipal limits of Indore City) measuring about 0.441 hectares or 3601.4 sq.m. Mohan Lal Khimati and three others, who were originally the owners, made an application for grant of permission for development of the said land by construction of a residential -cum -commercial building, to the Town & Country Planning Department, Indore Division. THE Joint Director, Town and Country Planning, by order dated 7.2.2005, granted permission in regard to the building plan for residential -cum -commercial purposes subject to approval of the said building plans by the Indore Municipal Corporation ('Corporation', for short) subject to the following conditions: -

(3.) THE respondent also submitted a complaint dated 4.2.2000 to the State Government stating that the second appellant was biased and even though the construction was in accordance with the sanctioned plan under building permissions, the Building Officer had issued show cause notice dated 13.4.1999 to harass them and cause them loss. Acting on the said complaint, the State Government by communication dated 4.2.2000, suggested to the Municipal Corporation that the issue may be sorted out by posting some other Building Officer. THEreafter, the Building Officer (second appellant) passed an order dated 11.4.2000, directing as follows :