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1970 Supreme(MP) 134

BISHAMBHAR DAYAL, G.P.SINGH
GOVIND PRASAD AGRAWAL – Appellant
Versus
ADMINISTRATOR OF THE CITY OF JABALPUR – Respondent


Advocates Appeared:
B.L.Patel, J.S.VERMA, M.ADHIKARI, R.S.DABIR

BISHAMBHAR DAYAL, C. J.

( 1 ) THE petitioner Shri Govind Prasad Aaarwal has filed this petition under Articles 226 and 227 of the Constitution for quashing the order of the respondents disallowing his application for approval of the site for erection of a cinema building and the notices dated 21st November 1967 and 8th December 1967 issued under section 302 of the M. P. Municipal Corporation Act for stopping further constructions and demolishing the constructions already made.

( 2 ) THE allegation of the petitioner on which he has asked for these reliefs is that he is the owner of Plot No. 810, Sheet No. 250, Napier Town, Bhortal, Jabalpur. He, intending to construct a cinema house on that plot, applied on 30th December 1965 to the respondents for approval of the site and for sanctioning the plan of the construction. No orders were passed on his application within 30 days as required by Section 295 (3) of the Act and, consequently, assuming that he must be deemed to have been permitted to make the constructions he proceeded with the construction. However, on 22nd February 1966, when more than 30 days had passed, an order rejecting his application seems to have been passed and was s













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