RAJKUMAR Vs. COMMISSIONER, MUNICIPAL CORP.

JUDGEMENT

(1.) THE petitioner is aggrieved by the Order dated 24.3.98 of the Addl. Distt. Judge, Indore, passed in Misc. Appeal No. 86/97 filed by the petitioner u/s. 293 (3) of the M.P. Municipal Corporation Act, 1956, which arose from the Order dated 23/8/97 of the Commissioner, Municipal Corporation, Indore, intimating the petitioner that his permission for construction has been suspended by the Government.

(2.) THE main grievance of the petitioner is that he was not granted any opportunity of hearing either by the Government or by the Commissioner before suspending his permission of construction. It was pointed out that the Appeal Committee of the Municipal Corporation, Indore, had by its order dated 30.7.95 accorded permission for construction to the petitioner on the conditions : one that the petitioner shall pay composition fee Rs. 15000/ -, and two that he would obtain permission for diversion from the Revenue Authorities under the provisions of M.P. Land Revenue Code, 1959. It is further submitted that the petitioner not only deposited with the respondent -Corporation Rs. 15,000/ - on 24.7.95, but also obtained necessary permission for diversion vide order dated 21.2.97 passed by the Sub -Divisional Officer, Indore. After compliance of these conditions the appellant again submitted map for sanction with the Corporation authorities on 24.4.97 but no order of refusal or sanction was communicated to the petitioner until 23.8.97 on which date for the first time, he was informed that his permission has been suspended under orders of the Government.

(3.) 1985 JLJ 582) has quoted following observation of Hon'ble the Supreme Court made in Siemens Engineering (AIR 1976 SC 1785) : -