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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Vivek Rusia, Binod Kumar Dwivedi
Sudhir Jain – Appellant
Versus
Indore Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. arguments concerning alternative remedies and prior ownership implications. (Para 1) |
| 2. ownership rights contested based on auction process and intended residential use. (Para 2) |
ORDER :
The petitioner has filed this present petition under Article 226 of the Constitution of India seeking quashment of order dated 14.06.2022 whereby, the Indore Municipal Corporation has refused to grant building permission of Plot No.3 at Neelkanth Colony, Indore, admeasuring 1444 sq.ft. ("hereinafter referred to as "Plot No.3") on the ground that the subject plot is situated over the underground drainage.
2. Facts of the case, in short, are as under:-
2.1 The petitioner had purchased the aforesaid plot in an e-auction conducted by the respondent Nos. 2 and 3. Thereafter, a sale certificate dated 14.03.2022 was issued in favour of the petitioner. A registered sale deed dated 26.03.2022 conferred the title on the petitioner for which he incurred the expenses of Rs. 5,01,600/-.
2.2 The petitioner applied for permission to construct a house. The Indore Municipal Corporation has rejected the building permission on the ground that no construction is permissible within 9 meters of the plot bec
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