High CourtsSingle Bench(2022) 04 MP CK 0040

Anita Boriwal vs Commissioner Dewas Municipal And Others

Madhya Pradesh High Court · Decided on 12 April 2022

HON’BLE JUDGES
Vijay Kumar Shukla, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 8502 Of 2022

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Judgment

7 paragraphs · 164 words

Vijay Kumar Shukla, J

In the instant petition, a challenge has been made to the notice dated 30.03.2022 passed by the respondent no.2, whereby, the petitioner has been directed to remove the illegal and unauthorized construction of hotel on the green belt land.

The said construction has been found to be in violation of provision of Section 307 of the Municipalities Act and also Rule 7(3) of the MP Bhumi Vikas Rules amended on 01.06.2012.

Learned counsel for the respondent submits that the aforesaid construction has been raised on the green belt without any permission or sanction of the respondents.

Learned counsel for the petitioner has failed to file any document showing any permission was granted to the petitioner for raising the aforesaid construction.

Since the petitioner has not filed any document to show any valid permission or sanction granted by the respondents, no case for interference under Article 226 of the Constitution of India is made out.

Accordingly, the present petition stands dismissed.