Judgment The petitioner before this Court has filed this present writ petition being aggrieved by the order dt. 8/7/11 passed by the Building Officer, Municipal Corporation, Indore rejecting the representation of the petitioner. This is the third visit of the petitioner before this court. The contention of the petitioner is that he has purchased a piece of land on 31/3/09 from one Rajendra Goyal and the land was reserved for residential purpose. Petitioner has further stated that the land was part of a housing colony which is evident from the sale deed itself and a building permission was granted on 22/11/2010 for constructing shops. Petitioner has further stated that by virtue of the building permission he started construction activities and while he was going to affix shutters of the building, the Residents' Welfare Association started protesting against the commercial complex and the petitioner left with no other choice came up before this court by filing a writ petition and the same was registered as WP No.6610/2010. This Court has granted permission to the petitioner to install shutters vide order dt. 3/6/10 and has also granted police protection to the petitioner. Petitioner has further stated that as he was not been permitted by the Residents' Welfare Association to construct a commercial complex, he decided to construct a residential house with one small consultation chamber. Petitioner has further stated that while he was constructing the residential house, a notice of demolition was issued by the Indore Municipal Corporation and it was alleged that the petitioner is constructing a residential house though permission has been granted for constructing a commercial complex. The petitioner immediately again came up before this court by filing a writ petition and the same was registered as WP No. 14051/2010. Petitioner has further stated that the matter was also referred to the Joint Director, Town & Country Planning Department and the Joint Director, Town & Country Planning Department vide letter dt. 29/7/10 has informed the Building Officer that in case the land use is commercial, a residential house can also be constructed as per the sanctioned master plan i.e., Indore Vikas Yojna, 1991. The petitioner has filed the opinion of the Joint Director, Town & Country Planning Department dt. 29/7/2010 along with the Master Plan ie., Indore Vikas Yojna, 1991 as Annexure P/13. The petitioner has filed the opinion of the Joint Director, Town & Country Planning Department dt. 29/7/2010 along with the Master Plan ie., Indore Vikas Yojna, 1991 as Annexure P/13. As the building of the petitioner was being demolished, this court has passed a detailed order on 10/5/11 directing the respondent Municipal Corporation to consider the representation of the petitioner and the representation of the petitioner has been dismissed by the Indore Municipal Corporation. The contention of the petitioner is that the Indore Municipal Corporation on an erroneous interpretation of the Indore Vikas Yojna, 1991 has rejected the petitioner's representation under the impression that it is a case of change of land use and the building officer does not have the power to sanction the building permission. The matter was remanded back to the Indore Municipal Corporation as the Corporation in the past has not considered the Master Plan of 1991 while passing the impugned order dt. 6/12/2010 by which demolition was ordered by the Corporation. The Municipal Corporation has now passed the impugned order which is enclosed as Annexure P/22 dt. 8/7/11. The Indore Municipal Corporation while rejecting the petitioner's application for permitting him to complete the residential premises as well as commercial premises has observed that the Building Officer is not competent to change the land use. No other reason has been assigned in the impugned order. This Court has carefully gone through the earlier opinion rendered by the Joint Director, Town & Country Planning Department as well as the Master Plan of the year 1991. The relevant Master Plan (Indore Vikas Yojna, 1991) reads as under: xxx    xxxx The aforesaid extract of Master Plan 1991 makes it very clear that in case the land use is commercial, construction of a residential building is also permissible and for sanctioning the layout, no permission for change of land use is required. Column 3 provides for change of land use by competent authority and residential building is not at all included in column 3, meaning thereby no such permission of Town & Country planning Department is required in the present case as observed by the building officer. Column 3 provides for change of land use by competent authority and residential building is not at all included in column 3, meaning thereby no such permission of Town & Country planning Department is required in the present case as observed by the building officer. Not only this, the Building Officer has also referred the matter once again to the Joint Director, Town & Country Planning Department and the Joint Director, Town F. Country Planning Department on 27/6/11 has informed the Commissioner, Indore Municipal Corporation, Indore as under : xxxx xxxx The aforesaid letter of the Joint Director further makes it very clear that the Building Officer was earlier vide letter dt. 29/7/2010 directed to take appropriate steps keeping in view the provisions of the Indore Vikas Yojna, 1991. The Building Officer on an erroneous interpretation of the aforesaid letter dt. 27/6/11, has rejected the petitioner's representation. This Court is of the considered opinion that the present case is certainly not a case for grant of permission for change of land use and therefore the Building Officer was competent to pass a detailed order on merits as directed by this Court earlier. Resultantly, as the Building Officer has on an erroneous interpretation of the Master Plan, 1991 rejected the petitioner's representation/application, the impugned order dt. 8/7/2011 is hereby set aside. The matter is again remanded back to the Building Officer (Indore Municipal Corporation, Indore) to pass a fresh order on merits keeping in view, the Indore Vikas Yojna, 1991 as it certainly not a case of change of land.