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2011 Supreme(MP) 784

SHANTANU KEMKAR, PRAKASH SHRIVASTAVA
Gopal Dubey – Appellant
Versus
Municipal Corporation, Indore – Respondent


Advocates appeared:
A.K. chitale with Anand Bhatt for petitioner; Anand Agrawal for respondent No.1; Manoj Dwivedi, Additional Advocate General, with Ms. M. Raveendran, Deputy Government Advocate,
for respondents No.2 to 4; Sandeep Kochatta for respondent No.5.

ORDER

1. This Public Interest Petition is by one of the resident of Suniket Apartment in Shreenagar Extension Colony, Indore for protecting the retention wall and slab which has been constructed in the adjoining Nala.

2. In brief, the case of the petitioner is that Suniket Apartment was constructed by respondent No.5 Kalani Industries Ltd. on the land adjoining to the nala. The residents of the apartment and the builder proposed a plan to build a retention wall and slab to cover the nala and sought permission for that purpose from the respondent No.1 Municipal Corporation, Indore which was granted by the Corporation vide letter No.7038/CE/l3.12. 1999. A report from the Nazool Office was obtained in respect of the width of nala at different places and the permission from Nazool Officer was also obtained vide letter No.935/01 dated 1.8.2001 which on the very next date vide letter No.948/2001 dated 2.8.2001 was cancelled. The construction of the retention wall and slab over the nala was done on the basis of the said permission and a garden has been developed on the covered portion of the nala. The respondents were taking steps to remove the slab constructed on the nala on the ground tha

























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