ENTERTAINMENT WORLD DEVELOPERS LIMITED THROUGH YOGESH GOSWAMI Vs. INDORE MUNICIPAL CORPORATION INDORE

JUDGEMENT

(1.) Petitioners before this Court are the Companies registered under the Companies Act, 1956, duly represented through authorized persons by passing resolution, are aggrieved by the impugned letter cum notice dated 09.02.2017 (Annexure P/16) passed by Building Officer, Zone11, Indore Municipal Corporation, Indore by which the application filed by the petitioners for grant of sanction of map has been rejected and it has been ordered that the application would be considered only if the desired documents are submitted. Petitioner No.1 was the erstwhile owner of the property situated at 11, Tukoganj, M.G. Road, Indore and petitioner No.1 executed a sale deed dated 30.09.2015 in favour of petitioner No.2 and petitioner No.2 is the title holder of the property.

(2.) Petitioner No.1, the previous owner, has constructed a commercial mall with multiplex and permission was granted by the Department of Town & Country Planning, Indore on 27.04.2004. Based upon the permission granted by the Town & Country Planning, the Indore Municipal Corporation has also granted building permission for construction of parking, B+3, B+2, B+1, Ground floor to 7th floor plus terrace vide order dated 04.06.2004.

(3.) Petitioner No.1 thereafter applied for revised permission which was granted on 22.02.2005 and the construction work has already been carried out pursuant to the aforesaid permission. The occupancy certificates were also issued in favour of petitioner No.1 on 22.12.2005, 07.04.2006 and 12.07.2007 and there was no dispute in respect of title of the property as is stated in the present writ petition and every time the application for grant of building permission submitted by the petitioner has been allowed by the Indore Municipal Corporation. Petitioners thereafter as they intended to make renovation in the building applied for additional/alteration building permission on 01.05.2015. It is pertinent to note that now a days applications for building permission are submitted on-line. A deviation list report was generated on 05.05.2015 and the deviations were cured by the petitioners. Thereafter a detailed scrutiny report was generated on 11.09.2015 and again some deviations were noticed. They were also cured on 20.10.2015 meaning thereby the petitioners have cured all the deviations suggested by the Indore Municipal Corporation and as per the final scrutiny report dated 20.10.2015, there was no deviation and the petitioners, as stated by them, were entitled for building permission within a period of sixty days as provided under Rule 28 of the M.P Bhumi Vikas Niyam, 2012 (for short 'the Niyam 2012'). Petitioners' contention is that as the permission was not granted within sixty days and no refusal was communicated, the petitioners' application has received deemed permission. Petitioners' thereafter on 09.02.2017 informed respondent No.2 that neither the building plan submitted by the petitioners has been rejected nor there is any communication in this regard therefore, the deemed sanction has come into play. Respondent No.2, the Building Officer, on 09.02.2017 informed the petitioners that the deemed permission clause is not applicable to them as the petitioners' application was disposed of with some remarks. The petitioners have categorically stated that they have not been issued any notice about the remarks and as stated by the petitioners the remark is for obtaining no objection certificate (NOC) from the M.P Grih Nirman Mandal (herein after referred as 'Housing Board'). The petitioners' contention is that for grant of building permission the question of submission of NOC does not arise as there is no encumbrance of any kind over the said property and the dispute, if any, between the petitioners and Housing Board has come to an end after passing of the arbitration award dated 27.06.2010, hence petitioners have prayed for quashing the impugned notice dated 09.02.2017.