O R D E R

(Passed on this 26th day of July, 2021)

This petition under Article 226 of the Constitution of India has been filed by the petitioner – Gokul Apartment Association, 8/2, Yashwant Niwas Road, Indore (MP) a society registered under the provisions [Section 3 (e)] of Madhya Pradesh Society Registrikaran Adhiniyam, 1973, seeking the following relief

(s): -

"(i) issue a writ or order in the nature of mandamus or other appropriate writ to direct the respondent No.1 and 2 to remove the encroachment or illegal construction made by re- spondent No.3 at Basement and Ground Floor of the Gokul Apartment,

(ii) grant cost of the present proceedings,

(iii) grant any other relief which deems fit by this Hon'ble Court to grant in the facts and circumstances of the case."

2. The petitioner’s grievance is that certain encroachment and illegal construction has been made by respondent No.3 in the basement area of Gokul Apartment, which is not only illegal but has caused serious inconvenience to the flat owners of Gukul Apartment. 3. Shri Praveen Pal, learned counsel for the petitioner has submitted that in the basement area of Gokul Apartment situated at 8/2 Yashwant Niwas Road, Indore (MP), responde