ORDER

1. With the consent of learned counsel for the parties, the matter was heard finally on 20.9.2023 and today the order is being pronounced.

2. This petition has been filed under Article 226 of the Constitution of India challenging the order dated 18.1.2023 (AnnexureP/14) passed by respondent No.3.

3. To unravel the controversy, the necessary facts in compendium are that the petitioner is a Society registered under the M.P. Societies Registration Act, 1973. The respondents are also the State as provided under Article 12 of the Constitution of India and as such amenable to writ jurisdiction. The petitioner-Society purchased a plot bearing No.B-7/51 situated at Shahpura District Bhopal and as such got demarcated by respondent No.5/Bhopal Development Authority (in short “BDA”). The demarcation certificate was issued on 25.11.1999 (Annexure-P/2). The petitioner-Society wanted to open a School for imparting primary education and as such, applied for sanction. Respondent No.1 vide order dated 15.3.2004 granted sanction to the petitioner-Society. BDA has also granted lease to the petitioner-Society for building purpose vide lease-deed of year 2008. The possession certificate was also issued on 4.6.2008 in favour of the petitioner-Society. According to the petitioner-Society, they have completed all necessary requirements and fulfilled the formalities. BDA also granted building permission after carrying out the inspection and permitted the petitioner to construct the building under rule 27 of the M.P. Bhumi Vikas Niyam, 2012 (for brevity “Rules, 2012”). Although respondent No.3 vide order dated 20.12.2022 without giving any opportunity of hearing ordered the petitioner to stop the already started construction on the said land and the Corporation has also sent a letter asking status of the property from BDA. The Corporation has also started harassing the petitioner by taking away the electric connection and as such, the construction which was being carried out by the petitioner was stopped and they filed reply to the order/notice dated 20.12.2022 raising ground therein that although the order was passed under Section 307(4) of the Municipal Corporation Act, 1956, but no opportunity of hearing was afforded to the petitioner. BDA after conducting enquiry, submitted the details about the status of the property and also the documents related thereto. Thereafter, the order dated 20.12.2022 was quashed by order dated 9.1.2023 and then the petitioner again started construction over the property. Such information was also conveyed to respondent No.4. However, again vide order dated 18.1.2023 issued by respondent No.3 asking the petitioner to stop the construction, but this time also no opportunity of hearing was granted to the petitioner. Respondent No.3 has also revoked the building permission given on 29.11.2022 under the provisions of rule 25 of the Rules, 2012. The reason for revocation of building permission was a complaint dated 12.1.2023 made by Shahpura Colony House Owners’ Association, Bhopal in which it was stated that the layout plan dated 26.6.1995 contained the land use of the said property which is situated in front of lake and as such building permission can not be granted. According to respondent No.3 it is in violation of rules 7 and 35 of Rules, 2012. The said letter of Municipal Corporation has given rise to filing of this petition and also for assailing the action taken by Corporation.

4. The challenge is made basically on the ground that the building permission was granted after completing all requisite formalities and inspection as per rule 27 of the Rules, 2012. As per the petitioner, the action of the respondent-Corporation is purely illegal while granting permission for construction, which was refused later-on without giving any opportunity of hearing. As per the petitioner, rule 29 of the Rules, 2012 clearly provides that if any shortcoming is pointed out then same may be informed and after calling the objections a