KAMDHENU HOUSING CO-OPERATIVE SOCIETY Vs. NAGAR NIGAM

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment and decree by which its suit for permanent injunction for restraining the defendant/municipal Corporation from demolishing the building constructed by the plaintiff has been dismissed.

(2.) IT is not in dispute that the plaintiff has constructed a building on Plot No. 196 in M. P. Nagar, Bhopal. It obtained the building permission dated 4-12-1986 (Ex. P-1 ). The plaintiff has, however, constructed the mezzanine floor and third floor without the permission of the Municipal Corporation. The defendant sent two notices under Section 307 (2) of the M. P. Municipal Corporation Act, 1956 (hereinafter to be referred to as 'the Act') to the plaintiff. The plaintiff has challenged those notices and sought the relief of injunction.

(3.) THE plaintiffs case is that it had submitted an application for condonation of the additional erection but that has not been considered by the defendant. The defendant denied that any such application for composition was submitted.