Heard.

1. Petitioner has filed this petition against the show cause notice dated 29.09.2009 (Annexure P/1) in regard to removal of encroachment.

2. Earlier, petitioner submitted an application under Section 308-B of the Municipal Corporation Act, 1956. That application was accepted by the Corporation with the conditions that the petitioner shall deposit an amount of Rs. 7,64,880/- as compounding fees.

3. The State Government issued a notification and added Section 308-B in Madhya Pradesh Municipal Corporation Act, 1956. By the aforesaid amendment, power of compounding has been given to the Commissioner of Municipal Corporation for certain period. The petitioner submitted an application to the Municipal Corporation for compounding. The Municipal Corporation rejected the application of compounding.

4. Meanwhile, a Public Interest Litigation Petition was filed before this Court, which was registered as Sardar Joginder Singh Vs. State of Madhya Pradesh & Others, W.P. No.3178 of 2006 (PIL). This Court appointed the District Judge, Gwalior to enquire the cases of compounding. The District Judge in his report held that the order of compounding of the petitioner was not proper. On the