PARSVNATH DEVELOPERS Vs. UJJAIN MUNICIPAL CORPORATION

JUDGEMENT

(1.) Mr Vijay Assudani, learned counsel for the intervenor has filed an application i.e IA No. 1735/2018 for intervention. The same stands allowed.

(2.) The petitioner before this court a Company registered under the Companies Act, 1976 has filed this present petition for issuance of an appropriate writ, order or direction directing the respondents to do all such further acts which are required under the Madhya Pradesh Nagar Palika (Registration of Coloniser, Terms and Conditions) Rules, 1998 (hereinafter referred as the 'Rules of 1998') by virtue of the Completion Certificate issued in their favour dated 29-05-2010 (Annexure-P-9) and (Annexure-P-11) dated 01-03-2014.

(3.) The facts of the case reveal that the petitioner Company has purchased a land in the township of Ujjain ad-measuring 41.312 hectares through Registered Sale Deed and stNed development of township in the year 2007. Out of the totaling land purchased by the petitioner Company for the purpose of Colonization in respect of land ad-measuring 31.7421 hectares, the petitioner has obtained permission from Ujjain Municipal Corporation on 01-02-2007 (In case No. 15/2006/3/169). In respect of the other piece of land ad-measuring 7.6425 hectares the petitioner was granted permission from the Town and Country Planning Department vide order dated 24-08-2006. The petitioner was granted permission for colonization in respect of the aforesaid land on 12-02-2007 (7.6425 hectares). Meaning thereby for both two parcels of land permission was granted under the Rules of 1998 by the Ujjain Municipal Corporation. It is not in dispute at all. Rule 12 of the Rules of 1998 provides for mortgage of 25% of plots for colonization in order to ensure that completion of development activities and accordingly 25% of plots were mortgaged. The plots were mortgaged by Registered Mortgaged Deed dated 18-01-2007.