NEELESH CHAUDHA Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard on I.A. No.9668/2016; whereby, petitioner intends to challenge the validity of order-dated 20.2.2014 passed by respondent No.2-Assistant Director, Town and Country Planning, Katni in purported exercise of power under sub- section (1) of Sec. 30 of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

(2.) Learned counsel for the petitioner prays for withdrawal of the said application with liberty to avail the remedy of appeal under Sec. 31 of 1973 Adhiniyam. The I.A. stands dismissed as withdrawn with the liberty as sought.

(3.) With consent of learned counsel for the parties, the matter is heard finally. Petitioner seeks quashment of the order-dated 8.2.2016 and notice-dated 9.10.2015 issued earlier for removal of unauthorized construction. Petitioner No.1 is a colonizer. With an intention to raise construction of row houses over the land bearing Khasra No.1368/1 at Gopal Nagar, Rafi Ahmed Kidwai Ward, Katni, petitioner applied for permission under the provisions of M.P. Municipal Corporation Act, 1956. Permission was granted vide Order No.498 dated 30.12.2003 for construction over 44000 Sq. Ft. with 10% i.e. 4000 Sq. Ft. open space, earmarked for garden in the map sanctioned. The petitioner under the garb that he has been orally permitted, raised construction over this open space of 4000 Sq. Ft. Later on, realizing that unauthorized construction has been raised, petitioner approached the Authorities of Municipal Corporation for compounding. Petitioner also moved the Court by filing writ petition being W.P. No.21294/2015. As in the meantime, the petitioner and one Param Jeet Kaur has been subjected to notice on 9.10.2015 and 16.10.2015 to remove the unauthorized construction.