Patnaik, C.J. -- 1. This is a reference made to this Full Bench by order dated 21.8.2007 passed by a Division Bench of this Court in WP No.5807 of 2006.

2. The two petitioners, a Corporator of the Indore Municipal Corporation and a Mechanical Engineer, have filed this Public Interest Litigation under Article 226 of the Constitution questioning the layout sanctioned by the Indore Municipal Corporation for construction of a building of the respondent No.4. On 21.3.2006, the Division Bench issued notices in the writ petition and directed that the interim prayer shall be considered after service of notices on the respondents. Thereafter, the respondent No.4 appeared and raised a preliminary objection that an alternative remedy was available to the petitioner under sub-section (5) of section 307 of the M.P. Municipal Corporation Act, 1956 (for short "the Act of 1956") to apply to the District Court for an injunction for removal or alteration of the building. The counsel for the petitioners, on the other hand, brought to the notice of the Division Bench that in Radhakishan Shanna v. Pravin Kumar and two others [1996 MPACJ 55], on a reference made by learned Single Judge of this Court