Shri Adinath Digambar JaIn Mandir Vs. the Commissioner - Court Judgment

SooperKanoon Citationsooperkanoon.com/1045112
CourtMadhya Pradesh High Court
Decided OnDec-13-2012
AppellantShri Adinath Digambar JaIn Mandir
RespondentThe Commissioner
Excerpt:
w.p.no.1936/2012 (shri adinath digambar jain mandir versus the commissioner & ors.) 13.12.2012 shri r.k.nagar, learned counsel for the petitioner, shri anshuman singh, learned counsel for the respondent no.1/corporation. shri sankalp sanghi, learned counsel for the respondent no.3. shri k.b.bhatnagar, learned counsel for thee respondent no.4. heard on the question of admission. the petitioner has filed this petition alleging illegal construction by the respondent no.3. it is alleged that the said respondent in total disregard of the sanctioned map approved by the corporation has violated the same and has made construction in excess of the sanctioned map, which is contrary to law. it is stated that the respondent no.2, the building officer of the corporation has already conducted an enquiry and marked the illegal construction but the respondent authorities are not taking any action to demolish the same. i have heard the learned counsel for the petitioner. it is observed that the matter has to be considered and decided by the municipal corporation. the learned counsel appearing for the corporation submits that the matter shall be examined in accordance with law after giving opportunity of hearing to all concerned. the learned counsel appearing for the respondent w.p.no.1936/2012 (shri adinath digambar jain mandir versus the commissioner & ors.) no.3 has not objection. in the circumstances, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner furnishes a copy of the order passed today alongwith a copy of the petition before the respondent/corporation within 15 days, the said authority shall thereafter consider and decide the complaint of the petitioner after hearing all concerned and shall pass a reasoned order in accordance with law and take all possible steps to ensure that the provisions of the municipal corporation are strictly implemented. it is made clear that this court has not expressed any opinion on the complaint of the petitioner and, therefore, the authority concerned would be at liberty to take into consideration all facts and facets of the case and thereafter take a decision thereon by passing a reasoned order. with the aforesaid direction, the petition filed by the petitioner stands disposed of. c.c.as per rules. (r.s.jha) judge gn
Judgment:

W.P.No.1936/2012 (Shri Adinath Digambar Jain Mandir versus the Commissioner & ors.) 13.12.2012 Shri R.K.Nagar, learned counsel for the petitioner, Shri Anshuman Singh, learned counsel for the respondent No.1/Corporation.

Shri Sankalp Sanghi, learned counsel for the respondent No.3.

Shri K.B.Bhatnagar, learned counsel for thee respondent No.4.

Heard on the question of admission.

The petitioner has filed this petition alleging illegal construction by the respondent No.3.

It is alleged that the said respondent in total disregard of the sanctioned map approved by the Corporation has violated the same and has made construction in excess of the sanctioned map, which is contrary to law.

It is stated that the respondent No.2, the building officer of the Corporation has already conducted an enquiry and marked the illegal construction but the respondent authorities are not taking any action to demolish the same.

I have heard the learned counsel for the petitioner.

It is observed that the matter has to be considered and decided by the Municipal Corporation.

The learned counsel appearing for the Corporation submits that the matter shall be examined in accordance with law after giving opportunity of hearing to all concerned.

The learned counsel appearing for the respondent W.P.No.1936/2012 (Shri Adinath Digambar Jain Mandir versus the Commissioner & ors.) No.3 has not objection.

In the circumstances, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner furnishes a copy of the order passed today alongwith a copy of the petition before the respondent/Corporation within 15 days, the said authority shall thereafter consider and decide the complaint of the petitioner after hearing all concerned and shall pass a reasoned order in accordance with law and take all possible steps to ensure that the provisions of the Municipal Corporation are strictly implemented.

It is made clear that this Court has not expressed any opinion on the complaint of the petitioner and, therefore, the authority concerned would be at liberty to take into consideration all facts and facets of the case and thereafter take a decision thereon by passing a reasoned order.

With the aforesaid direction, the petition filed by the petitioner stands disposed of.

C.C.as per rules.

(R.S.Jha) Judge gn