Madhya Pradesh High Court

WP/23496/2017 of HUKUMCHAND Vs INDORE MUNICIPAL CORPORATION on 28 December 2017

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2 HIGH COURT OF MADHYA PRADESH; BENCH AT INDORE

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HIGH COURT OF MADHYA PRADESH; BENCH AT INDOREW.P. No.23496/2017Hukumchand Vs. Indore Municipal Corporation & AnotherIndore, dated 28.12.2017

Shir A.S. Rathore, learned counsel for the petitioner.

Shri Rishi Tiwari, learned counsel for respondent No.1 onadvance notice.

The petitioner has filed the present petition beingaggrieved by notices dated 02.11.2017 and 23.12.2017 by whichthe Building Officer, Zone No.6 directed him to remove theillegal construction.

According to the petitioner, he was in possession of asmall shop No.S.S.60/2 at Nanda Nagar Main Road, Indore andwithout permission, he has made a pukka construction.Thereafter, the Municipal Corporation issued notice and hesubmitted a representation for compounding. Vide order dated06.02.1996, the respondents have compounded after imposingcompounding fees of Rs.500/- with certain conditions, therefore,the said shop cannot said to be illegal construction. As per theorder of compounding, he is required to remove the constructiononly in case of widening of the road.

Shri A.S. Rathore submits that in response to all theimpugned notices, he has submitted all the necessary documentsto the concerned authority but the same has not been considered.

Shri Rishi Tiwari, learned counsel appearing forrespondent No.1 submits that the petition may be disposed of bydirecting the Building Officer, Zone No.6 to consider hisrepresentation and the documents and till then the Corporationshall not demolish the illegal construction.

In view of the above, the present petition stands disposedof with the direction to the Building Officer to consider the documents especially the order of compounding dated06.02.1996 and pass an appropriate order.

If the respondents reject the representation of thepetitioner then they shall give further fifteen days time to thepetitioner to challenge the said decision.

With the aforesaid, the present petition stands disposed of.

Certified copy as per rules.

(Vivek Rusia)Vacation Judge

Digitally signed by Ravi Prakash DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Ravi PrakashPradesh, 2.5.4.20=8c41d94e3639781a0083754cf33213a20de4d0ca6c70fb2b3437951134024cc4, cn=Ravi Prakash Date: 2018.01.05 12:11:33 +05'30'

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