SHAILENDRI GOSWAMI Vs. INDORE MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioners have filed the present petition being aggrieved by the order dated 29.10.2016 by which permission for construction No.0206 dated 13.01.2016 has been revoked in exercise of power conferred under Rule 25 of the Madhya Pradesh Bhumi Vikas Rules' 2012. Facts of the case, in short, are as under:

(2.) The petitioners are claiming themselves as owner of House No.9, Guess House Road, Indore ad-measuring 30x30=900 sq.ft. That Shri Onkarlal, S/o Shri Punjilal was owner of Plot No.392 in the year 1910 and which was developed by the Gopal Prasad Goswami, Son of Onkarlal. The petitioner No.1 is a wife of Gopal Prasad Goswami and petitioner No.2 is son of Gopal Prasad Goswa. According to the petitioners, the property number of the said plot changed to Plot No.6 in the year 1958, then Plot No.8 in the year 1962 and further changed to Plot No.9 on 16.11.2005. The petitioner Nos.1 and 2 got a building permission dated 13.01.2016 from respondent No.1 for construction of building over the said plot. Thereafter, the petitioner No.3 and 4 have purchased the said property vide sale deed dated 22.04.2016 from petitioner Nos.1 and 2.

(3.) The petitioners have alleged that the respondent No.1 to 3 have issued notices dated 17.05.2016, 23.05.2016, 17.06.2016, 26.07.2016 and 01.09.2016 at the instance of respondent Nos.4, 5 & 6 alleging illegal construction without permission. The petitioners have replied all the notices but there was no dispute in respect of ownership of the petitioners. Vide notice dated 17.06.2016, the respondent Nos.1 to 3 has revoked the permission of construction on the ground that the ownership of the petitioner No.1 is disputed, hence, the present petition before this Court.