SARVODAYA MAHILA GRAH NIRMAN SAHKARI SAMITI, BURHANPUR, DISTT. KHANDWA (MP.) Vs. MUNICIPAL CORPORATION, BURHANPUR, DISTT. KHANDWA (MP.) AND ORS.

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order Annexure P/1 issued by the Commissioner, Municipal Corporation, Burhanpur dated 12.10.01, by which the Commissioner has cancelled the "No Objection Certificate" Annexure P/5 dated 5.2.01 assigning reason that the Municipal Corporation has not resolved in this regard.

(2.) Learned Counsel for the Petitioner submits that the order Annexure P/1 has been passed without affording any opportunity of hearing to the Petitioner and before issuance of such order, no show cause notice was issued to the Petitioner which should be given by the Municipal Corporation. There was no necessity for passing any resolution by the Corporation. The Petitioner has invested an amount to the tune of Rs. 43,00,000/ - for the development of the land and the order Annexure P/1 is to the detriment of the interest of the Petitioner. Contending aforesaid, learned Counsel for the Petitioner submits that the order Annexure P/1 be quashed.

(3.) Learned Counsel for the Respondents submits that against the order Annexure P/1, the Petitioner has filed appeal before the appellate committee of the Corporation, which is pending, but without awaiting the decision of the aforesaid committee, the Petitioner has filed this petition. It is also contended that "No Objection Certificate" itself provides that this "No Objection Certificate" has been issued subject to further decision by the Corporation and the Corporation has not affirmed aforesaid "No Objection Certificate". In the circumstances, order Annexure P/1 was rightly issued by the Commissioner.