ASHOK MODI Vs. MUNICIPAL CORPORATION, GWALIOR

JUDGEMENT

(1.) By invoking the jurisdiction under Article 226 of the Constitution, the petitioner has prayed for following reliefs:-

(2.) The stand of the petitioner is that a land bearing khasra no. 471 (old) having an area of 2 acres situated at Mahalgaon was given on lease for a period of 99 years to the petitioner's grandfather by the respondent-Corporation on 15.9.1947, which will expire on 15.8.2049. The lease deed is placed on record as Annexure P/1. After the death of grandfather of the petitioner, it is stated that the property was divided in between three sons. The property which came to the share of present petitioner consists of workshop for motor vehicles. The said premises is presently used for running an automobile training centre. On more than one place it is pleaded in the petition that approach to this property is by way of a municipal road which is in existence since last more than 40 years. To approach this training centre the petitioner had fixed a big iron gate and for the purpose of renovation, the said centre has been closed for a short while.

(3.) The grievance of the petitioner is that the respondentCorporation has started construction of a public urinal (Sulabh Sauchalaya) on the approach road which leads to the petitioner's premises. By filing photographs (Annexure P/4) it is stated that the approach road leading to the premises of the petitioner is completely closed pursuant to aforesaid construction of urinal. It is pleaded in paragraphs 5 and 6 of the petition that if the said urinal is permitted to be constructed, it will completely close the approach road of the petitioner to premises. In para 6(a) and (d) it is stated that "Sulabh Sauchalaya" in question will completely close the business premises of the petitioner. It is also stated that the only approach road to the petitioner's property will be closed by the said public urinal. On the basis of these submissions, this petition is filed.