SHEHNAZ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Referring to the documents filed along with this petition it is pointed out that the application for permission to construct the property was filed before the Municipal Corporation, Khandwa and the requisite fees was also deposited, however no decision was taken on that application and the application remained pending, contrary to the provisions of Sec. 295 of the Municipal Corporation Act, which mandates that decision on the application for erection or re-erection of building be taken within 30 days, failing which the permission will deemed to be sanctioned. The petitioners in view of the deeming clause, thereafter completed the construction. Thereafter the same was also recorded in their names and they are paying the property tax, water tax etc. on that. Earlier they also received a notice stating that they have made the construction without permission, so they have been given an opportunity to compound the same for which they have also deposited the compounding fees. However, just after depositing the compounding fees, impugned notice under Sec. 307 of MP Nagar Palika Nigam Adhiniyam, 1956 has been issued asking to remove the construction.