ASHOK GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONERS have filed this petition against the show cause notices dt. 5.4.2010 and 3.4.2010 (Annexure P/1 and P/2) in regard to removal of encroachment.

(2.) EARLIER , petitioners submitted an application under Section 308 -B of the Municipal Corporation Act, 1956. That application was accepted by the Corporation with the conditions that the petitioners shall deposit an amount of Rs. 86,07,420/ - as compounding fees.

(3.) MEANWHILE , a Public Interest Litigation Petition was filed before this Court, which was registered as W.P. No. 3178/2006(PIL) (Sardar Joginder Singh Vs. State of M.P. & Ors.). This Court appointed the District Judge, Gwalior to enquire the cases of compounding. The District Judge in his report held that the order of compounding of the petitioner was not proper. On the basis of the report of the District Judge, the Municipal Corporation issued impugned notices to petitioners in regard to removal of construction, Annexure -P/1 & P/2.