IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA st ON THE 1 OF APRIL, 2023 WRIT PETITION No. 5586 of 2021 BETWEEN:-

SILVER SPRINGS SANGHARSH EVAM SAMANWAY SAMITI (A SOCIETY REGISTERED UNDER THE PROVISIONS OF M.P. SOCIETY REGISTRIKARAN ADHINIYAM, 1971 THROUGH ITS PRESIDENT SHRI ALOK JAIN) HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, A-14, BUSINESS PARK, SILVER SPRINGS KASTURBAGRAM, INDORE .....PETITIONER (MS.ANTARA CHATURVEDI-ADVOCATE)

AND THE STATE OF M.P. THROUGH PRINCIPAL SECRETARY DEPARTMENT OF URBAN

1.

ADMINISTRATION, VALLABH BHAWAN, BHOPAL.

THE COMMISSIONER INDORE DIVISION, 2.

INDORE (MADHYA PRADESH)

THE COLLECTOR INDORE (MADHYA

3.

PRADESH)

THE JOINT DIRECTOR TOWN AND COUNTRY

4. PLANNING DEPT. PRESS COMPLEX, AB ROAD, INDORE (MADHYA PRADESH)

INDORE MUNICIPAL CORPORATION

5. THROUGH COMMISSIONER INDORE (MADHYA PRADESH)

SILVER REALITIES AND INFRASTRUCTURE PVT. LTD. THROUGH ITS THE MANAGING

6. DIRECTOR 112-113, SILVER SANCHORA CASTLE, 7-8, RNT MARG, INDORE (MADHYA PRADESH)

7. MR. MUKESH S/O SHRI RASIKLAL JI JHAVERI DIRECTOR SILVER REALITIES AND INFRASTRUCTURE PVT. LTD. 112-113, SILVER SANCHORA CASTLE, 7-8, RNT MARG, INDORE (MADHYA PRADESH)

MR. ABHISHEK S/O SHRI MUKESH JHAVERI DIRECTOR SILVER REALITIES AND

8. INSFRASTRUCTURE PVT. LTD. 112-113, SILVER SANCHORA CASTLE, 7-8, RNT MARG, INDORE (MADHYA PRADESH)

SILVER SPRING RAHWASI SAHAKARITA MARYAD THROUGH ITS RECEIVER/ADMINISTRATOR HAVING

9.

REGISTERED ADDRESS AT VILLAGE NAYTA MUNDLA, A.B. ROAD, BYEPASS, INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY KAMAL NAYAN AIREN-ADVOCATE/RESPONDENT NO.5.)

(BY SHRI TARUN KUSHWAH -ADVOCATE)

This petition coming on for orders this day, the court passed the following:

ORDER

The petitioner has filed the present petition seeking following reliefs:-

(i) Issue a writ,direction or order in the nature of mandamus directing respondent No.1 to 5 to take appropriate action against the illegal construction in the silver spring township and further direction to remove illegal possession of respondent No.6 to 8 over open and free spaces reserved in the township for amentities as per sanctioned map.

(ii) Issue a writ, direction or order in the nature of mandamus directing the respondent No.6 to 8 not to sale places which are reserved for community purpose and amenties in the township as per sanctioned map.

(iii) Issue appropriate writ, direction or order to take appropriate action against respondent No.6 to 8 for furnishing false information in government records.

(iv) Issue a writ, direction or order in the nature of mandamus directing the respondents to allow free access to the residents of the township in club house as well as all other places which are reserved for community purpose and amenities.

(v) This Hon'ble Court may kindly further pass appropriate writ/direction in the nature of mandamus directing respondents to ensure removal of illegal possession of respondent No.6 to 8 over all the places in the township which are sanctioned and reserved for amenities and community purpose as well as office of the Rehwasi Sangh be handed over to the petitioner society.

(vi) Pass appropriate order/direction to respondent No.6 to 8 not to interfere in the management of respondent No.9 society and support fair election in the society.

(vii) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case.

The petitioner is a society registered under the provisions of M.P. Society Registrikaran Adhiniyam, 1973. The members of the society are residents of Silver Springs Township developed by the respondent No.6 to 9. The respondent No.6 is company registered under the Companies Act, 1956. The respondent No.6 to 8 have constructed township in the name of Silver Springs Township, A.B. Road, Bypass, Indore. The respondent No.9 is a society registered under the M.P. Cooperative Society Act, 1960.

Some of residents of township have separately formed petitioner society in order to fight with respondent No.6,7 and 8. Accordi