MAHADEO PRASAD Vs. MUNICIPAL CORPORATION JABALPUR

JUDGEMENT

(1.) By this writ petition, filed under Articles 226 and 227 of the Constitution of India, petitioners pray for issuance of a writ in the nature of Mandamus, directing the respondents not to obstruct the petitioners in any manner in their construction of building in the light of the sanctioned map dated 25-7-1997. Further prayer made by the petitioners is to pay to them a sum of Rs. 20,00,000/- as damages for what the petitioners term to be an arbitrary and illegal action of demolition of House No. 708 situated in nazul plot No. 5455 having an area of 2050 Sq. ft. in Madan Mohan Malviya Ward, Galgala in the town of Jabalpur.

(2.) Facts necessary for the decision of the present writ petition are that petitioners are sons of late Smt. Veermati Bai, widow of late Kaluram. Late Smt. Veermati Bai along with the petitioners owned house No. 708 having a total area 2050 Sq. ft. built on nazul plot No. 5455 in Madan Mohan Malviya Ward, in the town of Jabalpur. Aforsaid house suffered extensive damage in the earthquake which ravaged this town on 22nd May, 1997. She applied for grant of loan for reconstruction of the house, to the Jabalpur Development Authority which sanctioned a loan of Rs. 80,000/- by order dated 14-1-1998. Petitioner No.1 Mahadev Prasad Vishwa-karama was also sanctioned a loan of Rs. 40,000/- by the Jabalpur Development Authority by order dt. 30-6-1998.

(3.) After sanction of a total loan of Rs. 1.20 lacs, Smt. Veermati Bai submitted a map for tis sanction by the Municipal Corporation to raise construction over the land on which her house No. 708 was earlier existing. Municipal Corporation, Jabalpur sanctioned the map of the proposed construction by order dated 25-9-1997. While communicating the grant of sanction, Smt. Veermati Bai was apprised of the terms and conditions of sanction and clauses 5, 6 and 7 which are relevant for the purpose inter alia directed her to commence the construction within 1 year from the date of sanction of the map, complete the construction within 2 years from the date of sanction of the map and in case construction has not commenced or completed within the aforesaid period, submit an application for renewal of the map in the office. In the original map sanctioned, there is a note which states that construction be commenced before 25-9-1998 and be completed by 25-7-2000.