MEENA MITTAL Vs. INDORE MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard on the preliminary objection raised by the respondent Nos. 1 to 4.

(2.) In order to decide the preliminary objection, it is important facts as described in the writ petition and nature of the relief claimed by the petitioners.

(3.) The petitioners are the owners of Unit - 307, 3011 and M-56 of Indore Trade Centre, 3/2, South Tukoganj, Indore. They became owner by way of registered sale deeds collectively filed and marked as Annexure P/2 in the writ petition. The said Trade Centre was constructed by the respondent No. 4 way back in the year 1996-97. According to the petitioner as per original sanctioned map the basement area of the Indore Trade Centre was reserved for parking but in order fetch the more money the respondent No. 4 in collusion with the respondent No. 2 have sold the same by way of 16 shops and due to which the petitioners are not having any place to park their vehicles in the basement. The petitioners made various representation and complaints to the respondent Nos. 1 to 3 for removal of the said illegal construction. The petitioner filed the W.P. No. 571/2015 before this Court and same was disposed of by order dated 21.03.2016 with the direction to the Municipal Corporation to decide the grievance of the petitioner within three months by treating the writ petition as representation. In compliance of the aforesaid order, the respondent No. 1 has rejected the representation vide impugned order dated 21.03.2017, hence, the present petition before this Court.