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2020 DIGILAW 834 (MP)

Kapil v. Indore Municipal Corporation, Indore

2020-09-01

VIVEK RUSIA

body2020
JUDGMENT Vivek Rusia, J. - Heard learned counsel for the parties through video conferencing. 2. Petitioners have filed the present petition being aggrieved by the letter dated 10.08.2020 whereby the Building Officer, Zone No.12 has informed them about the rejection of their application for compounding and also directed for removal of the extra construction within 3 days. 3. Learned counsel for the petitioners submits that after the aforesaid letter dated 10.08.2020 the petitioners have submitted fresh application under the Madhya Pradesh Municipal (Compounding of Offence of Construction of Buildings, Fees and Conditions) Rules, 2016 (hereinafter referred to as 'the Rules of 2016') for compounding of extra construction but the same has not been considered and the respondents are going to demolish the extra construction, therefore, the petition be disposed of by directing the respondents to consider the application afresh and till then the structure/extra construction be not demolished. 4. Shri Soumitra Bajaj, learned counsel appearing on behalf of the respondent submits that the petitioners have not submitted the application as per the format-b provided under Rule 16 of the Rules of 2016 and if the petitioners submit a proper application the respondents are ready to consider the same in accordance with law. 5. Shri Bhatnagar, learned counsel for the petitioners submits that the petitioners by mistake have submitted the application in format-a instead of format-b but he is ready to file a fresh application as per the Rules. 6. In view of the above, the petition is disposed of with liberty to the petitioners to submit a proper application (in format-b) before the respondents within a period of three days from today and if such an application is filed the respondents are directed to consider it in accordance with law. Needless to say that, till the decision of the application for compounding the respondents shall not proceed with for demolition of the extra construction. 7. The petition stands disposed of. C.c as per rules.