PARAS LIFESTYLES PRIVATE LIMITED Vs. STATE OF MP

JUDGEMENT

(1.) Challenging the action of the State Government in amending the provisions of section 292.A & B, of the Municipal Corporation Act, 1956 (hereinafter referred to as the 'Act of 1956') with effect from 19.4.2010 and applying the amended provision for sanction of building permission in a retrospective manner to all pending applications, petitioners have filed this writ petition.

(2.) Even though in the writ petition challenge is made to the constitutional validity of the said amending provision which has been brought into force vide Notification dated 19.4.2010, records indicate that during hearing of the writ petition before a Division Bench of this Court on 5.1.2010, challenge to the constitutional validity of Sections 292.A & B, of the Act of 1956 was given up and the challenge was limited to the extent of applying the said Notification . Annexure P/1 retrospectively to all pending applications. That being so, the only question warranting consideration now in this writ petition is as to whether the applications for permission to carry out developments of land, building and colonies can be permitted in accordance to the unamended provision of section 292.A & B or the amended provision would be applicable even to applications submitted and which were pending prior to 19.4.2010?

(3.) Both the petitioners are registered companies and are private colonizers engaged in the activities of development of colonies, plots etc. They have registered their establishment under various statutory provisions with the competent authority. It is the case of the petitioners that they are engaged in diverse activities of development of colonies as colonizers, development of various plots as builders and such other activities. They have obtained requisite colonizer's certificate as required under section 292.A, of the Act of 1956 and the documents evidencing the same are Annexure P/2. Petitioners are aggrieved by the communication dated 29.7.2010 made by the respondent Municipal Corporation by which the amended provisions of 292.A & B, of the Act of 1956, which came into force on 19.4.2010 is made applicable to certain pending applications of the petitioners for grant of development permission and the building permission. It is the case of the petitioners that the application of this amended provision retrospectively and withholding the processing of their applications under such circumstances is illegal.