ORDER

The present petition has been filed in the allegation that the respondent No.5 is erecting some construction on her land for which either no permission has been obtained from Municipal Corporation in terms of Section 294 of Municipal Corporation Act or the said construction has been carried out contrary to such permission.

2. It is a grievance of the petitioner that by such construction being carried out by respondent No.5 in her land, the ventilation etc of the petitioner is being closed.

3. The grievance raised in the present petition is in the realm of facts Section 307(5) of M.P Municipal Corporation Act gives a right to any person to apply before District Court for injunction, removal or alteration of any building on the ground that it contravened any provisions of Municipal Corporation Act and the by-laws framed thereunder.

4. As there is an equally efficacious and alternative remedy available to the petitioner under Section 307(5) of M.P Municipal Corporation Act, interference is declined.

5. Accordingly, the petition is disposed of with a liberty to the petitioner to avail alternative remedy under Section 307(5) of M.P Municipal Corporation Act.

(VIVEK JAIN) JUDGE Pr