O R D E R

Heard on the question of admission and interim relief .

This is the present writ petition against the show cause notice dated 01.01.2021 issued by Building Officer, Zone No.8, Municipal Corporation, Indore whereby the petitioner has been directed to produce the sanctioned map and title document with a period of three days.

2. Shri Himanshu Joshi, learned counsel for the petitioner submits that the petitioner had purchased plot no.66 and Plot No.46 situated at Sector -C Krishna Bagh Colony, Indore vide registered sale deed dated 05.03.2014, thereafter, she applied to the respondents for the building permission but the same was denied on the ground that entire Krishna Bagh colony is an illegal colony, therefore, no permission can be granted. The petitioner has constructed the house and started living in it. She has obtained electricity connection and regularly paying the property tax to the Municipal Corporation and a copy of the receipt of payment of property tax for the year 2016-17 is filed as Annexure-P/2 in this petition.

Shri Himanshu Joshi further submits that in the year 2016 also a similar show cause notice dated 08.12.2016 was issued to the petitioner for removal calling upon her to produce title documents and building permission. She filed a writ petition No.8549/2016 before this Court and vide order dated 10.07.2017 the writ petition was disposed of by directing Building Officer to pass a final order within 30 days and thereafter, the corporation shall proceed against the petitioner. But till today no final order has been passed in compliance of the aforesaid order passed by this court .Thereafter again the Building Officer has issued a show cause notice dated 01.01.2021 for which the petitioner has submitted replied on 08.01.2021 and now again a fresh impugned notice has been issued to the petitioner without deciding the earlier notice.

4. Facts mentioned in the reply submitted by the petitioner is relevant to decide this Writ Petition .The reply dated 08.01.2021 filed by the petitioner as Annexure-P/6 which is reproduced as under:- fnuakd 08@01@2021 izfr]

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tksu dzekad 08 u-ik-fu- bUnkSj ¼e-iz-½ fo"k; %& nLrkost izLrqr djus o Hkou dk iz'keu 'kqYd tek djus ckcrA lanHkZ %& vkidk i= dzekad 1387 fnukad 01-01-21 A egksn;]

mijksDr lanfHkZr fo"k;karxZr fuosnu gS fd eq> izkFkhZ }kjk Hkw[kaM dz- 46 lsDVj lh d`".k ckx dkWyksuh bUnkSj ¼e-iz-½ fnukad 05-03-2014 dks jftLVªh dj [kjhnk x;k Fkk] mijksDr jftLVªh dh izfr layXu gSA mijksDr Hkw[kaM dz; djus ds i'pkr esjs }kjk Hkw[kaM ij Hkou fuekZ.k dk uD'kk Lohd`rh gsrq vkosnu fn;k x;k ijUrq vkids foHkkx }kjk vkosnu fy;s fcuk eSkf[kd :i ls dgk x;k fd vkidh dkWyksuh vos/k gS tc vkidh dkWyksuh os/k gksxh rc gh vkosnu ys ldsxs blfy, vkidks fuekZ.k dk;Z fd vuqefr gels ysus dh vko';drk ugh gSA blfy, esjs }kjk mijksDr Hkw[kaM ij Hkou fuekZ.k dk;Z dj fy;k x;kA esjs }kjk mijksDr Hkou dk laifr dj Hkh Hkjk tk jgk gS lkFk gh fctyh fcy o vU; nLrkost mijksDr irs ds esjs ikl miyC/k gS tks i= lkFk layXu gSA

;g fd] eS vkt Hkh vius Hkou dh vuqefr ;k e-iz- uxj ikfydk fuxe ¼iz'keu 'kqYd½ fu;e 2016 ds rgr Hkou dk iz'keu djus gsrq rS;kj gwWA vr% egksn; ls fuosnu gS fd esjs Hkou dk iz'keu e-iz- uxj ikfydk fuxe ¼iz'keu 'kqYd½ fu;e 2016 ds rgr djus dk d"V djsA

/kU;okn izkFkhZ ¼laxhrk iky½ It is manifest from the above reply of the petitioner that she is admitting that she purchased plot no.46, Krishna Bagh Colony, Sector- C, Indore in an illegal colony. The municipal corporation had specifically informed that building permission cannot be granted despite that she has constructed the house and started paying the property taxes. According to her, she is ready for the compounding of the illegal construction under the Madhya Pradesh Municipal (Compounding of offence of Construction of Building, Fees and Conditions) Rules, 2016.

5. When the entire colony is illegal admittedly the construction of the house is without permission therefore, this Court cannot issue a direction to the corpo