JAYDEEP GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners have filed this petition against the notices dated 5-8-2011 and 6-8-2011, Annexure P-1, in regard to removal of construction made in the basement.

(2.) As per the petitioners they have purchased certain properties as godown situated at Sai Apartment, Jayendraganj, Gwalior on 12-1-1996. Since then, they have been using the property as godown. The petitioners further submitted that respondent No. 5 received permission for construction of godown from the Town & Country Planning on 24-4-1995. The Municipal Corporation also granted permission to the petitioners. Petitioners further submitted that after purchase of the property they have been paying the property tax, however, the Municipal Corporation vide impugned notices directed the petitioners to remove the constructions.

(3.) The Municipal Corporation, respondent No. 3 in its reply submitted that Town & Country Planning granted permission to respondent No. 5 for construction of basement and as per the sanctioned map the basement can only be used for the purpose of parking, however, respondent No. 5, contrary to the permission as sanctioned by the Town & Country Planning constructed godown in the basement and sold the same in favour of the petitioners, which is contrary to law. It has further been submitted that the Municipal Corporation has not granted any permission in favour of respondent No. 5 for construction of godown nor Municipal Corporation has any power to grant sanction contrary to the permission granted by the Town & Country Planning Department.