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2000 Supreme(MP) 49

C.K.PRASAD
MAHADEO PRASAD – Appellant
Versus
MUNICIPAL CORPORATION, JABALPUR – Respondent


Advocates Appeared:
A.K.JAIN, SANJAY KUMAR AGARWAL

C. K. PRASAD, J.

( 1 ) BY this writ petition, filed under Articles 226 and 227 of the Constitution of India, petitioners pray for issuance of a writ in the nature of Mandamus, directing the respondents not to obstruct the petitioners in any manner in their construction of building in the light of the sanctioned map dated 25-7-1997. Further prayer made by the petitioners is to pay to them a sum of Rs. 20,00,000/- as damages for what the petitioners term to be an arbitrary and illegal action of demolition of House No. 708 situated in nazul plot No. 5455 having an area of 2050 Sq. ft. in Madan Mohan Malviya Ward, Galgala in the town of Jabalpur.

( 2 ) FACTS necessary for the decision of the present writ petition are that petitioners are sons of late Smt. Veermati Bai, widow of late Kaluram. Late Smt. Veermati Bai along with the petitioners owned house No. 708 having a total area 2050 Sq. ft. built on nazul plot No. 5455 in Madan Mohan Malviya Ward, in the town of Jabalpur. Aforsaid house suffered extensive damage in the earthquake which ravaged this town on 22nd May, 1997. She applied for grant of loan for reconstruction of the house, to the Jabalpur Development Authority which sanctio
























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