MUNICIPAL CORPORATION GWALIOR Vs. ANIL SHARMA

JUDGEMENT

(1.) This judgment shall also govern the disposal of writ petition No. 849 of 2001 (Shriram Colony Mohalla Sudhar Samiti v. State of Madhya Pradesh and others).

(2.) This appeal is filed by the Municipal Corporation against the order of single Judge. The brief facts of the case are as under :-

(3.) Counsel for the appellants submitted that the order suffers from material irregularity. When dispute was pending between some of the residents of the colony and the respondents before the Civil Court, it was not proper for the Writ Court to interfere in the matter. Disputed questions of fact required determination. He submitted that once layout plan is accepted and the management of colony is transferred to the Municipal Corporation then layout plan cannot be changed without prior notice to Municipal Corporation, Gwalior. It is further submitted that the area earmarked for special purpose, such as, park, school building and other public amenities, cannot be converted for different purpose. The said colony came into existence before Madhya Pradesh Gram Tatha Nagar Nivesh Adhiniyam, 1973 (hereinafter, referred to as the 'Adhiniyam') came into force.