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2016 Supreme(MP) 617

VIVEK RUSIA
Sanjay Kumar – Appellant
Versus
Building Officer, Municipal Corporation, Indore – Respondent


Advocates:
V. K. Jain for petitioner; Rishi Tiwari for respondents.

ORDER

1. Both these petitions have been filed being aggrieved by the notice issued by the Municipal Corporation, Indore for removing the encroachment/illegal construction over the Government land. The notices in both the cases were issued under section 307 of the Municipal Corporation Act, 1956 and rule 7 of the Madhya Pradesh Bhumi Vikas Niyam, 2012. Since the notices are challenged in both these petitions on similar grounds, therefore, both the cases are disposed of by a common order.

2. Petitioners are claiming ownership of the land by virtue of registered sale deed. According to the petitioner they are in possession and constructed boundary wall and temporary shed and they are paying property tax and other taxes to the Municipal Corporation. They are having electricity connection and telephone connections. Undisputedly both the petitioners are running the business of selling of marbles and tiles over these plots. Respondent/Building Officer, Municipal Corporation, Indore issued notice dated 13.02.2015 alleging that they have constructed boundary wall over the Government land bearing Survey No.30 followed by another notice of the same date and they are running a marble shop by pu




































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