SUNIL YADAV Vs. STATE OF M P

JUDGEMENT

(1.) I.A. No.1856/2016 for vacating stay : This application has been filed by the Corporation.

(2.) According to the Corporation, the structure in respect of which the writ petitioner claims right to use and occupy the same is coming within the road line. In the application, it is stated as under :

(3.) No doubt, the writ petitioner has filed reply to oppose this application. In the reply, the writ petitioner asserts that the petitioner has been put in possession of the subject structure after inviting public offers and the writ petitioner was highest bidder in the said tender process. According to the petitioner, after complying with all formalities including permission to put up the structure on the subject plot, the petitioner started occupying the structure. That, however, can be of no relevance in absence of any leasedeed executed in favour of the petitioner. Admittedly, no lease-deed has been executed in favour of the petitioner as is mandated by Section 80 of the Municipal Corporation Act. Assuming that the petitioner has some propriety right in the said structure, even that cannot come to aid of the writ petitioner considering the fact that now it has been noticed that the structure is standing within the road line and obstructing the road, as is asserted by the Corporation on affidavit.