GHANSHYAM PURASWANI Vs. MUNICIPAL CORPORATION GWALIOR

JUDGEMENT

(1.) This order shall dispose of writ petition No. 1173 of 1988, (ii) Writ Petition No. 1183 of 1988, (iii) Writ Petition No. 988 of 1989, (iv) Writ Petition No. 164 of 1990, (v) Writ Petition No. 811 of 1988, (vi) Writ Petition No. 120 of 1988.

(2.) The petitions at Sr. Nos. (i), (ii) and (iii) deal with lay out plan and whether this plan is being observed in letter and spirit. Petition at Sr. No. (iv) deal with non-grant of prayer made in building application and petitions at Sr. Nos. (v) and (vi) deal with building activity taken in pursuance of concept of deemed sanction. These petitions are being dealt with accordingly.

(3.) Writ Petition No. 1173 of 1988:- This petition under Articles 226 and 227 of the Constitution of India has been preferred by Basant Vihar Grih Nirman Sahkari Sanstha, Maryadit, Gwalior. This is a society registered under the M. P. Co-operative Societies Act, 1960. With a view to develop certain area for residential buildings, a layout plan was submitted for approval to the Town and Country Planning Department. As per the petitioner society, the plan was approved and the lay out plan was sanctioned. Copy of this lay-out plan as sanctioned by the Joint Director, Town and Country Planning Department, Gwalior is said to be part of memorandum 2847 dated 4th of June, 1976. As per the petitioner society, sanction to this lay out plan was also to be granted by the Municipal Corporation, Gwalior also and even this sanction was granted. Copy of this has been placed on record as Annexure P/14. It appears that attention of the Collector was drawn to certain irregularities committed by the society in the matter of implementation of the scheme. An order dated 25th of June, 1988 came to be passed. By this the licence granted to the petitioner society was cancelled. It is this order which is being impugned. The above action has been taken under Section 24 of the M. P. Nagar Thatha Gram Nivesh Adhiniyam, 1973.