VIVEK RUSIA
Sai Gange Narmade Seeds Private Limited – Appellant
Versus
Indore Municipal Corporation Commissioner – Respondent
ORDER
1. Heard on the question of admission.
The petitioner has filed the present petition under Article 226 of the Constitution of India challenging the Panchnama dated 23.8.2022, whereby the respondents have put a lock and seal in the shop constructed by the petitioner by virtue of a rent agreement.
2. Facts of the case in short are as under :--
2.1. The petitioner is a company duly registered under the provisions of the Companies Act, 1956. M/s Speed Automobiles Limited sold the land bearing Survey No.81/3/2 admeasuring 0.147 hectare situated at Bicholi Mardana, District – Indore to Laxminarayan Dubey and Smt. Sushila Dubey vide registered sale deed dated 7.9.2000. The said land had already been diverted vide order dated 11.3.1996 by the Sub Divisional Officer. The petitioner has taken the aforesaid land on rent @ Rs.50,000/- per month from Smt. Sushila Dubey with a condition that he would be free to sublet the land after raising construction on its land.
2.2. The petitioner, constructed a tin shed structure in the month of December 2020. The petitioner has taken an electricity connection from Madhya Pradesh Vidyut Vitran Company Limited and regularly paying the rent to the owner
Municipal authorities must perform a proper expert structural assessment before sealing a building, as total sealing is disproportionate for unauthorized construction and requires evidence-based just....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
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