HARISH TOLANI Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) This appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypith Ko Appeal) Adhiniyam, 2005 is directed against the order dated 06.09.2006 of the learned Single Judge passed in Writ Petition No.5141 of 2006 in so far as the direction issued to the Respondents do not provide for consideration for compounding the illegal construction.

(2.) Prior to the decision impugned, direction was issued in Writ Petition No.1405 of 2000 decided on 16.11.2000 by a Single Bench to the Respondents to issue proper show-cause notice and after giving an adequate opportunity to the petitioner and after holding proper and suitable inquiry, the necessary orders should be passed.

(3.) The petitioner again approached this Court and urged that no spot inspection was carried out, much less in the presence of the petitioner, as directed by order dated 16.11.2000 and in the impugned order subsequently issued on 18.08.2006, asked the petitioner to demolish/remove the illegal construction. In view of the facts and circumstances of the case, the learned Single Judge disposed of the petition with following directions :-