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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 16th OF APRIL, 2024
WRIT PETITION No. 9720 of 2024
BETWEEN:-
1.
GLEN ALLAN ANTHONY D SOUZA S/O SHRI
ANTHONY D SOUZA, AGED ABOUT 54 YEARS, R/O
HOUSE
NO.
209, ANMOL AWAS
MARRIAM
CHOWK, SOUTH CIVIL LINE JABALPUR (MADHYA
PRADESH)
2.
MRS MARIA D SOUZA W/O LATE ANTHONY D
SOUZA, AGED ABOUT 86 YEARS, R/O HOUSE NO
209 ANMOL AWAS MARRIAM CHOWK SOUTH
CIVIL LINES JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI VRUSHAL BHIDE - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF URBAN
ADMINISTRATION AND
DEVELOPMENT
3RD
FLOOR
SHIVAJI
NAGAR,PALIKA
BHAWAN
BHOPAL (MADHYA PRADESH)
2.
THE MUNICIPAL CORPORATION THROUGH ITS
COM M ISSION ER , OFICE
OF
MUNICIPAL
CORPORATION JABALPUR (MADHYA PRADESH)
3.
THE MUNICPAL CORPORATION THROUGH ITS
EXECUTIVE ENGINEER COLONY CELL OFFICE OF
MUNICIPAL
CORPORATION
JABALPUR
JABALPUR (MADHYA PRADESH)
4.
THE MUNICIPAL CORPORATION THROUGH ITS
EXECUTIVE ENGINEER BUILDING CELL OFFICE
OF
MUNICIPAL
CORPORATION
JABALPUR
(MADHYA PRADESH)
5.
SMT NITA PANDEY W/O SHRI UMA SHANKAR
PA N D EY R/O
NEAR
ANMOL
APARTMENTS
1
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 4/18/2024
6:33:40 PM
Signature Not Verified
MARRIAM
CHOWK
SOUTH
CIVIL
LINES
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY SHUKLA - ADVOCATE)
This petition coming on for admission this day, the court passed the
following:
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 Prar Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 4/18/2024 6:33:40 PM
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