W.P.18917.11
Writ Petition No. 18917 of 2011
14-11-2011
Shri Praveen Chourasiya, learned counsel for the
petitioner.
This petition under Article 227 of the Constitution of
India is directed against the order dated 06-09-2011 and
order dated 08-11-2011. Order dated 06-09-2011 is a show
cause notice issued under section 307 (2) of the Municipal
Corporation Act, 1956 (hereinafter referred to as the ‘Act
of 1956’) whereby the petitioner is called upon to produce
the sanctioned map and the document pertaining to the
title over the land earmarked for a park. Whereas the
order dated 08-11-2011 is passed in exercise of power
under sub-section (3) of Section 307 of the Act of 1956
whereby the petitioner is called upon to remove the
unauthorized structure raised on the land in question
within 24 hours.
Apparently, there is a dispute in respect of the fact
as to whether the construction raised over the land said to
be earmarked for the park is in accordance with law.
Sub-section (5) of Section 307 of the Act of 1956
provides for :
“(5) Nothing in this section shall affect
the right of the Corporation or any other
person to apply to the District Court for
an injunction for the removal or
alteration of any building on the ground
that it contravenes any provisions of this
W.P.18917.11Act or the bye-laws made thereunder,
but if the building is one in respect of
which plans have been deposited and the
plans have been passed by the
Commissioner, or notice that they have
been rejected has not been given within
the prescribed period after the deposit
thereof, and if the work has been
executed in accordance with the plans,
the District Court on granting an
injunction shall have power to order the
Corporation to pay to the owner of the
work such compensation as the District
Court thinks just, but before making any
such order the District Court cause the
Commissioner if not a party to be joined
as a party to the proceeding.”
In view of above since the disputed facts are
apparent in the petition, the petitioner would be at liberty
to avail the remedy by filing a civil suit as contemplated
under sub-section (5) of Section 307 of the Act of 1956.
With the said liberty the petition stands dismissed.
(SANJAY YADAV)
JUDGE
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