MAHENDRA KUMAR GOYAL Vs. STATE OF M P

JUDGEMENT

(1.) Since similar issue is involved in these matters, matters were analogously heard on the joint request of the parties. Facts are taken from WP No. 842/2015. In this petition, the petitioner has called in question the legality, validity and propriety of the order dated 2.2.2015 (Annexure P -1) whereby the Chief Municipal Officer, Nagar Palika Parishad, Shivpuri passed the order dated 2.2.2015 and imposed the penalty on the petitioner under Section 187 (A) of the Municipalities Act, 1961. Shri Raja Sharma in both the cases assailed this order on the ground that as per the said provision it is only President -in - Council which has competence to pass such orders. Attention is drawn on proviso to Section 187(A)(d). He also relied on (Anil Kumar Jain Vs. State of M.P. & Others, 2014 1 MPLJ 225). He further submits that the construction in question is a non -residential construction and, therefore, compounding can be made only with the permission of President - in -Council.

(2.) Prayer is opposed by Shri Praveen Newaskar, learned Dy.G.A. and Shri J.D.Suryavanshi, learned Advocate for respondent No.2.

(3.) The attention is drawn on the certificate/permission (Annexure P -3). By this document petitioner was given permission to raise construction. It is shown that this permission was given for residential accommodation.