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Judgment
8 paragraphs · 358 wordsPavan Kumar Dwivedi , J
Learned counsel for petitioner submits that present petition is filed against the notice Annx.P/1 dated 15.05.2026 issued by the respondent-Municipal Corporation thereby it has been stated that construction is being raised without any sanctioned map and same be removed within a period of 15 days.
Learned counsel for petitioner submits that infact the construction cannot be termed as one without sanction as the application for sanction of map was submitted by the petitioner on 19.01.2026, however neither the said application was rejected nor the permission was granted. Petitioner submits that in view of provision of Section 295 particularly subsection (3) of said section of Municipal Corporation Act, 1956 the sanction has to be treated as granted by expiry of 30 days from the date of application. As in the present case there is neither rejection nor approval within a period of 30 days, there is deemed sanction for construction of building. He further submits that construction has been raised strictly in accordance with the map submitted along with application for sanctioning map.
Learned counsel for respondents appearing on advance notice vehmentally opposes the submission and submits that in fact it appears from Ex.P/1 itself that the application has been rejected, however same has not been filed by the petitioner. He submits that Annx.P/1 refers to a earlier notice of 28.3.2025, 28.02.2026 and 13.3.2026. He submits that infact it appears from the record that application of the petitioner was rejected. However, these documents have not been placed on record by the petitioner. At this stage, petitioner has not made out a case for interim relief.
Considering the fact that application(Annx.P/5) was submitted for sanction of map and there is no document rejecting or accepting the same, learned counsel for respondent-Corporation is directed to place on record the proceedings carried out on the application of the petitioner and whether the same was rejected by passing any express order or not.
List in the week commencing 29.06.2026.
As an interim measure, it is directed that till next date of hearing, there shall not be any demolition of the building of the petitioner.
C.c. as per rules.