SARDAR BI Vs. MUNICIPAL CORPN INDORE

JUDGEMENT

(1.) The petitioner by this petition under Art.226 of the Constitution of India seeks to challenge the order dt. 6-6-1983, passed by the Mayor of the Municipal Corporation, Indore, staying the construction of a building situated on the Moti Tabela Main, Road No. 4 Street No. 2, Indore.

(2.) The facts giving rise to this petition are that the petitioner is owner of the open plot, bearing survey No. 15505, situated between the houses Nos. 2 and 4 of Moti Tabela, Street No. 2 Main, Road No. 4, Indore. This piece of land admeasures East-West 51'5" towards South and 53' towards North, its width is 17'6" towards North-South, and towards East-West it is 19'2". There is no dispute about the ownership of this land, which has been settled by the decree in a Civil Suit filed as Annexure-B to the petition. The Civil Suit was instituted by the petitioner as respondents 1 and 2 put a wattle-hut on a portion of the suit land, which was objected to by the petitioner and as the same was not removed the petitioner had to file Civil Suit No. 282A of 1977, in the court of the Second Civil Judge, Clase I, Indore, for declaration and possession of the land, the said suit was decession of the land, the said necessary permission from the Joint Director of Town and Country Piece (sic) of land owned by her, started constructing shops after the sanction was accorded even by respondents 1 and 2.

(3.) It is averred that during the course of construction a bust (sic) emerged on the scene to restrain the petitioner from constructing the shops for which, as stated earlier, the petitioner had obtained the necessary permission and sanction from the concerning authorities. Some residents of the locality approached the then Mayor of the Municipal Corporation, Indore, and succeeded in obtaining a stay order on 6-6-1983, by preferring an appeal before the Appeal Committee of the Corporation. In the meanwhile the petitioner also rushed to this court, seeking a writ against the respondents. By order dt. 19-10-1983, respondent 6 was also added as a party to the present petition, as it was in his favour that the stay order was granted by the respondent 3 the Mayor of the Municipal Corporation, Indore.