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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G. S. AHLUWALIA
Shantanu Bajpayee – Appellant
Versus
Dhramendra Agrawal – Respondent
ORDER :
G. S. AHLUWALIA, J.
This civil revision under Section 115 of CPC has been filed against the order dated 22/07/2024 passed by 7th District Judge, Gwalior, in M.J.C. No. 364/2017, by which an application filed by applicant under Section 307(5) of Madhya Pradesh Municipal Corporation Act, 1956 has been rejected.
2. It was the case of applicant that respondents No. 1 and 2 have started raising construction in the place of House No. 233/42 situated at Nai Sadak in front of Yadav Cinema, Lashkar, Gwalior without taking permission from the Municipal Corporation. Applicant had filed an application on 06/12/2016 before respondent No. 3 for demolition of illegal construction, and accordingly, respondent No. 3 had directed the Regional JDO to immediately stop the illegal construction which was going on, but the illegal construction was not stopped. In spite of the instructions given in the Jansunwai, respondents No. 1 and 2 did not stop the illegal construction, and accordingly, once again, another application dated 09/12/2016 was given by applicant to respondent No. 3 to stop the illegal construction, but the illegal construction was not stopped. As a result, it is submitted that respon
The court highlighted the importance of adhering to building permissions and procedures outlined under municipal law in construction matters.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
The judgment emphasizes the need for planned development and the importance of obtaining formal permission for construction, highlighting the consequences of unauthorized construction.
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
Development permissions obtained by fraud or misrepresentation are vitiated and non-est; courts must sternly reject regularization pleas based on substantial construction or investment, upholding pla....
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