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Judgment
Vivek Rusia, J
The petitioner has filed the present petition being aggrieved by the notices dated 07.03.2020 (Annexure P/2 & P/2) issued by the Building Officer,
Zone No.1, Nagar Palika Nigam, Indore directing the petitioner to produce the documents concerning the ownership, building permission, etc., failing
which action under sections 305, 307, 318, 322 & 323 of the M.P Municipal Corporation Act and M.P Bhumi Vikas Rules, 2012 shall be initiated.
Learned counsel for the petitioner submits that the petitioner is a religious Hindu Saint and follower of Ramsnehi Sampraday and residing in the
Ramdwara Temple premises situated at 560, Malharganj, Indore. The Ramdwara temple is 100 years old which was donated by the Holkar estate.
The petitioner is having all the documents pertaining to the ownership and building permission. All of a sudden, the respondent/Indore Municipal
Corporation has issued a notice alleging that 1055 mtr. x 5 mtr.=52.75 sq. mtr. area is constructed over the public road which is liable to be removed in
the public interest. Thereafter, another notice No.412/2020 was issued in which a different area is mentioned i.e. 17.8 mtr. X 5.30 mtr. =94.34 sq. mtr.
According to the petitioner, a detailed reply has been submitted on 16.03.2020 but the same has not been decided so far. The petitioner is also alleging
that the respondents have not issued any notices to other temples/Gurudwaras/Mosques constructed in the same locality. According to the petitioner,
the Ramdwara temple is maintaining the building line and there is no encroachment over a public road.
Learned counsel appearing for the respondents denies the allegation of discrimination and submits that the Building Officer, Zone No.1 shall decide
the pending reply of the petitioner in accordance with the law and law laid down by the Apex Court in the case of Ravindra Ramchandra Waghmare
vs. Indore Municipal Corporation.& Others reported in (2017) 1 SCC 667 before dismantling any illegal construction.
In view of the statement made by Shri Naik, we are refraining ourselves from making any comments on the merit of the case and disposing of this
petition with the direction to the respondents to act in accordance with the law and the judgment passed by the Apex Court in the case of Ravindra
Ramchandra Waghmare (supra). Needless to say that the petitioner is free to appear in person before the respondents with all necessary documents
and if required the respondents may take a joint inspection of the encroachment and illegal construction in question. Let the entire exercise be
completed within 10 days from the production of the certified copy.
The writ petition stands disposed of.
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