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Madhya Pradesh High Court · body

2013 DIGILAW 785 (MP)

Ramkatori Goyal v. Municipal Corporation, Gwalior

2013-07-10

S.K.Gangele

body2013
ORDER 1. Petitioner has filed this petition and prayed a relief that respondent No. 1- Municipal Corporation be directed to grant permission to the petitioner for construction of a house over the plot No. 34, Pant Extension, Mahalgaon, Gwalior. 2. The petitioner was allotted a plot No. 34 at Pant Extension, Mahalgaon, Gwalior by a Grih Nirman Sahkari Sanstha because he was member of the Society. A sale deed was executed to this effect on 17.4.2006. Name of the petitioner was also mutated. As per the petitioner, he applied for grant of permission for construction to the Municipal Corporation, however, the Corporation has not granted permission. 3. The Municipal Corporation- respondent No. 1 in its reply stated that the Colonizer i.e. Cooperative Society has not been granted a certificate of completion of development of colony, which is required in accordance with the provisions of the Madhya Pradesh Nagar Palika (Registration of Coloniser, Terms and Conditions) Rules, 1998 (hereinafter referred to as Rules of 1998. Because the aforesaid certificate was not granted to the Society on the ground that the society had not completed the required development, hence, no permission could be granted to the petitioner in accordance with the Rules of 1998. 4. Respondent No. 2 Society in its reply submitted that it had completed all the required development and construction work and also submitted an application to the Corporation for issuance of certificate, however, the Corporation has not granted the certificate. It is further pleaded by the Society that other members have constructed their houses over the plots, which were allotted to them by the Society , but in the case of the petitioner the Corporation adopted a different yardsticks. 5. Rule 12 of the Rules of 1998 prescribes permission for the development works of the colony. Rule 12-A of the Rules of 1998 prescribes permission or Building Construction in any Colony. The aforesaid rule is as under:- 12-A. Permission for Building Construction in any Colony. - Permission for building construction in any colony shall be granted only when the competent authority ensure that the development as per prescribed norms have been completed in the colony concerned but in case of group housing such condition shall not apply. 6. The aforesaid rule is as under:- 12-A. Permission for Building Construction in any Colony. - Permission for building construction in any colony shall be granted only when the competent authority ensure that the development as per prescribed norms have been completed in the colony concerned but in case of group housing such condition shall not apply. 6. Form the aforesaid rule, it is clear that permission for construction of building could be granted only when the competent authority ensures that the development work as per norms have been completed in the colony. In the present case, Municipal Corporation has not granted a certificate that respondent No. 2 has completed development work as per prescribed norms. In such circumstances, this Court can not issue direction in favour of the petitioner to the extent that Municipal Corporation shall grant permission for construction to the petitioner or consider the application of the petitioner for construction. 7. The respondent No. 2 has pleaded that it has completed all the development works, however, the Municipal Corporation has not issued any certificate of completion of development work. 8. In such circumstances, this writ petition is disposed of with the direction that the respondent No. 1 - Municipal Corporation shall verify the development work carried out by the respondent No. 2 and if it is found that it has completed all the development work as prescribed, then it shall consider the application of the petitioner for grant of permission for construction in accordance with law. This direction be complied with within a period of two months from the date of receipt of copy of this order. 9. It is hereby clarified that this Court has not opined about the merits of the case. 10. Petition is disposed of accordingly. No order as to costs.