MANISHA AGARWAL Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is directed against the order dtd. 25/11/2024 passed by Municipal Corporation Gwalior by which building permission has been granted to respondent No.3 for raising construction over the disputed plot.

(2.) In short, the facts of the case are that the petitioner is the co-owner of House No.1477 situated at Ward No.57, Daal Bazar, Lashkar Gwalior. The petitioner has 31.11% share in the plot in question and respondent no. 3 is the second co-owner, owning 68.89 % of the property. The petitioner had acquired the undivided share in the land in question from its former land owner i.e., Om Prakash Gupta through a registered sale deed dtd. 4/3/2022 and 9/3/2022. Out of the total land bearing area 4477 sq. ft., the petitioner is owner of 1392 sq. ft. The respondent no. 3 purchased the 68.89 % of undivided share in the land from its owner Shri Yogendra Gupta, Mamta Gupta, Indu Gupta, Krishnakumar Gupta, Ramkumar Gupta etc. vide a registered sale deed dtd. 16/3/2024. The land in question is in co-ownership of the petitioner and the respondent no. 3.The respondent no.3 had obtained a permission from the Municipal Authorities for raising construction over the property in question. The petitioner had raised his concerns over this issue before the Municipal Authorities and an order had been passed whereby respondent no. 3 has been restrained from raising construction but the respondents no.3 have not stopped raising construction over the whole property in question despite the order of stay being passed by the Municipal Authorities. In this regard, the petitioner had made various complaints and filed representations before the Municipal Authorities for the cancellation of the permission granted to the respondent no.3, but no heed has been paid to the complaints and representations made by the petitioner. In relation to the property in question, the petitioner has also filed a civil suit for declaration of title and permanent injunction against the respondent no. 3 wherein the petitioner has filed an application for temporary injunction for prevention of alienation and raising construction over the entire property in question until the pendency of the suit. Despite an order being passed by the Municipal Authorities whereby respondent no. 3 has been restrained from raising construction, the respondent no.3 have not stopped raising construction over the whole property in question. Being aggrieved by the aforesaid illegal action of respondent No.3, the present petition has been filed.

(3.) Learned Senior counsel for the petitioner has drawn attention of this Court to Rule 14, 16(1) (b) and 16(11) of Bhumi Vikas Rules, 2012. Rule 14 provides that every person who intends to develop, erect, re-erect or make alteration in any land or building shall make an application in writing to the Authority or authorised Architect/Structural Engineer to issue building permission in the forms given in Appendix A-1 (in case of development permission) or in Appendix A-2 and A-2(1) (in case of building permission) with documents and necessary fees specified. Such application shall be accompanied by documents, plans and statements in the quadruplicate. Further Rule 16(1)(b) provides that the application in Appendix A-2 shall be accompanied with application fee, key plan, site plans, Sub Division/Layout Plan approved under Sec. 30 of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, Building Plans, Service Plans, Project Report out lining the proposed development, documents showing proof of ownership or of any legal right in relation to the suit, Nazul NOC, Proof of the application having been authorized by the owner to submit application (if applicant is not the owner), parking plans alongwith parking calculations and certificate of supervision as prescribed in rule rule (2) to 12 of this Rule. Further Rule 16(11) provides that every application shall be accompanied by the following evidence of applicant's right, title and interest in the land or plot namely-