ORDER

The petitioners, the owner of shop No.305 situated at Bhawani Prasad Mishra Ward, Jabalpur are aggrieved by the in action of Municipal Corporation authorities in stopping the illegal and unauthorized construction raised by the adjoining shop keeper, private respondents Nos. 6 to 10.

The petitioners are sharing a common wall in the north direction with the private respondents. According to the petitioners, the entire building is more than 70 - 80 years old, but the respondents have illegally started digging basement in their shop, which has resulted in damage to the foundation and common wall of the petitioners. Fearing that their wall may collapse, they filed a complaint to the Municipal Corporation. The Corporation initially issued notices to private respondents but thereafter took no action against them. Apart from this, the petitioners have also filed police complaint which was registered as NCR and forwarded to SDM, Ranji, who directed the respondents to maintain status-quo. Petitioners have also filed a civil suit for injunction registered as RCS/1182/2022, which was however, withdrawn. According to the petitioners no action has been taken by the Municipal Corporation to stop the unauthorized construction by the respondents, which has resulted in damaging their shop, hence this petition.

Per contra, as per the reply filed by the private respondents is that they are only renovating and repairing the old shop, which includes repairing the walls, changing the tiles and other damaged structures. According to the respondents, the building being 70 - 80 years old is in a dilapidated condition and to avoid any future mishap, they are only taking corrective measures to strengthen the structure. It is stated that many of the adjoining shop keepers including the petitioners have also renovated their shops. It is further stated that petitioners and answering respondents are competitors being in same line of business, therefore, the petitioners are any how trying to stop the respondents from renovating and running their shop. It is further pointed out that due to status quo order passed by SDM, Ranjhi and the stay granted by this Court, the entire renovation work has come to a stand still, which has affected the business and livelihood of the answering respondents as they cannot reopen their shop until the renovation is complete. It is submitted that if during renovation of respondents' shop, any damage is caused to the walls of petitioners' shop, the private respondents undertake to repair it and make good the damage or compensate the petitioners in lieu of.

Shri Arpan Pawar, learned counsel appearing for the Corporation has pointed out that on 06.09.2022, an inspection of the alleged worksite was carried out by the sub-Engineer of the building section and it was reported that the private respondents are only carrying out repair work in their shop.

However, as the petitioners kept on perusing the Corporation and filing repeated representations, alleging damage to the common wall, a notice was issued to the private respondents, whereby they have been called to stop the work and obtain building permission from the Municipal Corporation. Learned counsel further pointed out that thereafter the repair work has been stopped by the private respondents, but the petitioners are still making complaints at various levels to different authorities. He has further stated that the repair work of the shop has been carried out as per the provisions of Rule 12 of the M.P. Bhumi Vikas Rules, 2012. It is stated that as the Sub-Engineer from the Corporation has already made a physical inspection of the site and gave a report that only repair work is going on, no action is required against the private respondents, in view of the report submitted by the Sub-Engineer.

Having heard the learned counsel for the parties and on perusal of the record, I am of the view that this petition deserves to be dismissed.

The petitioners and private