UMESH Vs. URBAN DEPARTMENT ADMINISTRATION

JUDGEMENT

(1.) This intra-court appeal has been filed by the appellant (writ petitioner) against the order dated 19.12.2016 passed in W. P. No.1229/2015 by which his writ petition against demolition of penthouse, which has been constructed contrary to the sanctioned lay-out has been dismissed.

(2.) Brief facts of the case are that the respondent No.2 gave permission only for Parking + 6th Floor + Terrace Floor. No permission was granted for construction of 7th floor. The construction of 7th floor made by the builder is illegal. On terrace, neither flat can be constructed nor it can be used for residential use. Penthouse is only used for services of the society. The registry of 7th floor which has been done by the builder is illegal. Not a single document has been filed by the appellant to show that Municipal Corporation ever granted permission to construct a residential flat on penthouse. The builder has done illegal construction and, thereafter, vide registered sale deed, present appellant purchased the same.

(3.) As per Madhya Pradesh Bhumi Vikas Rules, 2012 (in short the Rules of 2012), terrace floor will be used only for service purpose and not for commercial purpose.