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Judgment
Nandita Dubey, J
Referring to the documents filed along with this petition it is pointed out that the application for permission to construct the property was filed before
the Municipal Corporation, Khandwa and the requisite fees was also deposited, however no decision was taken on that application and the application
remained pending, contrary to the provisions of Section 295 of the Municipal Corporation Act, which mandates that decision on the application for
erection or re-erection of building be taken within 30 days, failing which the permission will deemed to be sanctioned. The petitioners in view of the
deeming clause, thereafter completed the construction. Thereafter the same was also recorded in their names and they are paying the property tax,
water tax etc. on that. Earlier they also received a notice stating that they have made the construction without permission, so they have been given an
opportunity to compound the same for which they have also deposited the compounding fees. However, just after depositing the compounding fees,
impugned notice under Section 307 of MP Nagar Palika Nigam Adhiniyam, 1956 has been issued asking to remove the construction.
It is pointed out that Shri Prakash Kumar Gupta, Advocate normally appears on behalf of the Municipal Corporation, Khandwa and an advance copy
has already been served on him, however, his name is not reflected in the cause list.
Under the circumstances, issue notice to the respondents on payment of process fee within seven days by registered A.D. as well as by ordinary
mode, returnable within three weeks.
As an interim measure, till the next date of hearing no coercive action shall be taken against the present petitioners pursuant to the impugned notice
dated 14.2.2022 (Annexure P-10).
Office is directed to reflect the name of Shri Prakash Kumar Gutpa, Advocate in the cause list on behalf of respondent No.2.
Certified copy as per rules.