DR. SHAKUNTALA TOMAR AND DR. A.S. TOMAR Vs. STATE OF M.P., THE MUNICIPAL CORPORATION, GWALIOR THRU. ITS COMMISSIONER, THE COLLECTOR, DISTRICT, GWALIOR AND THE TEHSILDAR, DISTRICT GWALIOR

JUDGEMENT

(1.) THE petitioners have filed this petition against the order dated 27/03/2012 (Annexure P/1) passed by the Sub -Divisional Officer and the Executive Magistrate, Lashkar (Representation Committee), Municipal Corporation [Housing], Gwalior. By the aforesaid order, a direction has been issued to the petitioners to remove the construction over some portion of the Government land. The petitioners pleaded that they purchased the land area 14x50 sq.ft on 29/02/1988. Thereafter, they again purchased the adjoining land area 14 X 50 sq. ft. from Smt. Ganga Devi, vide registered sale deed dated 05/04/1988 and another portion of land area 22x47 sq.ft from Shri Nose Khan vide registered sale deed dated 02/09/2006 and also purchased other land subsequently. The petitioners further pleaded that they constructed the house over an area 65x 50 sq. ft. of land after taking permission from the Municipal Corporation, Gwalior. Earlier, the petitioners also filed a petition before this Court against demolition which was registered as Writ Petition No.2256/2012 and disposed of vide order dated 22/03/2012 with the following directions:

(2.) IN pursuance to the above directions issued by this Court, the petitioners again submitted a representation, copy of which has been filed as Annexure P/7 along with the petition. The petitioners pleaded that they had not made any encroachment over any portion of the Government land and they made construction over the area for which permission had been granted by the Municipal Corporation.

(3.) IN the impugned order, the Committee considered the objections of the petitioners and after considering the documents on record, has recorded a finding that the petitioners have made encroachment over the Government land.