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2009 Supreme(MP) 486

SANJAY YADAV
Marble City Hospital and Research Centre (P) Ltd. – Appellant
Versus
Municipal Corporation – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: R.K. Sanghi and S.A. Khan, Advs.
For Respondents/Defendant:Anshuman Singh, Adv. for Respondent Nos. 1 and 2 and Ajay Mishra, Adv. for Respondent Nos. 3 to 6

ORDER

Sanjay Yadav, J.

1. Show cause notice under Section 307(2) M.P. Municipal Corporation Act, 1956, issued by Respondent No. 2, is the cause, aggrieved whereof the Petitioner has filed present writ petition under Article 226/227 of the Constitution of India seeking its quashment.

2. Besides, the Petitioner also seeks a direction to Respondents No. 3 to 6 to get the construction, which has led to the issuance of impugned notice, legalised by compounding, in alternate it is sought that, Respondents No. 3 to 6 to return all the money that they have taken by way of rent and the construction cost together with maintenance charge at the rate of 12% interest of the fourth floor.

3. Those second set of reliefs were, however, given up by the learned Counsel for the Petitioner at the very outset and the challenge is confined, only the show cause notice under Section 307(2) of the Act of 1956.

4. The facts relevant briefly are that, the Petitioner is a tenant in occupation of a building situated at plot No. 21/2 North Civil Lines, Jabalpur owned by Respondents No. 3 to 6. The building consists of a basement ground, first, second and third floors constituting a total carpet area of 24,600 sq. ft











































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