AKIB KHAN Vs. MUNICIPAL CORPORATION BHOPAL

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-

(2.) It is submitted by counsel for petitioner that petitioner had purchased house No.D-11 situated at B.D.A. Colony, Kohefiza, Tehsil Huzur, District Bhopal by registered sale-deed dtd. 23/08/2019. Thereafter petitioner submitted a declaration under Madhya Pradesh Prakoshtha Swamitva Adhiniyam, 2000 (in short 'Adhiniyam, 2000'). In that declaration, it was specifically mentioned that an Apartment in the name of Afroz Apartment is under construction and NOC has already been obtained from Municipal Corporation Bhopal on 04/11/2020 which bears No.TRI/Reference/269-200912-15310892 and map has been got sanctioned and the building permission has also been obtained on 17/06/2022 whose number is RCPT/BHO/0269/2669/2022. The said building is of G+6 floors with common staircases and lift. All the floors will be used for different purposes. The passage would be common and every owner of the floor will have right to use the same. The build up area was also declared. NOC from Airports Authority of India regarding height clearance was also obtained. It is submitted that initially some permission certificate was also issued by Municipal Corporation Bhopal in favour of previous building owner on 02/03/1983. Name of petitioner was mutated in the revenue records.

(3.) Petitioner has constructed a residential building of G+6 floors which has been purchased by 30 different families who have already taken possession and have started residing. Petitioner has applied for compounding under Sec. 308-A of Municipal Corporation Act. The compounding fee has also been accepted and impliedly offence has been compounded. However, impugned notice dtd. 08/02/2024 has been issued thereby directing the petitioner to file reply and also to remove the construction which was raised by him without permission, failing which, Municipal Corporation will demolish the construction.