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Judgment
R.S. Jha, J.—Heard Shri SK. Verma, learned counsel for the petitioners on the question of admission and interim relief.
The petitioners have filed this petition being aggrieved by notice dated 06.08.2013 Annexure P/1 issued by the respondent no. 3 Municipal Corporation, Bhopal to M/s. Mansarovar Properties through its Partner Shri Jayant Bhandari and M/s. Kamal Krishna Builders though its Partner Ajay, Sanjay and Manoj Boolchandani.
It is submitted by the learned counsel for the petitioners that the petitioners have purchased flats in the colony constructed by M/s. Kamal Krishna Builders in Khasra nos. 503/1/1/2/1, 503/1/1/2/2 and 503/1/2/2 situated in village Gondarmau District Bhopal. It is submitted that on certain complaints, a notice was issued by the Joint Director Town and Country Development Department on 15.07.2013 to the Municipal Corporation Bhopal to take action in respect of the construction undertaken by the Builder on 12 meters wide road shown in the plan.
It is submitted that pursuant thereto a reply was filed, however, subsequently, the Municipal Corporation, Bhopal has issued the impugned notice dated 06.08.2013 proposing to take action against the Colonizer under the M.P. Nagar Palika (Colonizer Ka Registrikaran Nirbandhan tatha Sharte) Niyam 1998 (for short the "Rules, 1998").
The learned counsel for the petitioner submits that the Colonizer has filed a reply to the impugned show cause notice and the matter is pending. The learned counsel for the petitioners submits that the petitioners are occupiers of the flats and therefore, they are entitled to notice by the Municipal Corporation as well as opportunity of hearing before taking any action in the matter. It is further stated that the authority has started taking action against the Colonizer without conducting any enquiry in the matter which is not permissible in law. The learned counsel for the petitioners has relied upon section 37 and 37(3) of the M.P. Town and Country Planning Act to submit that the notice issued by the Joint Director, Town and Country Planning cannot be enforced. On the basis of the aforesaid submission, it is prayed that the notice Annexure P/1 dated 06.08.2013 be quashed.
Having heard the learned counsel for the petitioners, it is observed that the proceedings have been initiated by the Municipal Corporation, Bhopal by impugned notice dated 06.08.2013 against the colonizers for making construction contrary to the sanctioned plan. It is also clear that the notice has been issued to the Colonizer and builder for violation of the rules 1998. Admittedly and apparently, no notice has been issued by the respondents/authorities for demolition and vacation of the flats in possession of the petitioners and that no action is being taken in respect of the flat occupied by the petitioners. It is also undisputed that the Rules, 1998 provide for taking action against the colonizers in case of violation of the plan sanctioned for the colony an for issuing of notices to the colonizer. Apparently, no petition has been filed by the colonizer assailing the said notice whereas the petition has been filed by the petitioners to whom no notice has been issued and who are not necessary parties for adjudication of the issues which have been raised by the respondent/Corporation under the provisions the Rules, 1998 against the colonizer.
Quite apart from the above, the contention of the learned counsel for the petitioners regarding section 37 of the MP Town and Country Planning Act in respect of notice issued by the Joint Director, Town and County Planning Department P/3 is also misconceived as the letter Annexure P/3 is not a notice but a simple letter written by the Joint Director, Town and Country Planning Development, Department to the Commissioner, Municipal Corporation Bhopal and no proceedings were initiated by the said authority against anybody u/s 37 of the Act as alleged by the petitioners. In view of the aforesaid the contention in that regard is therefore, totally misconceived.
In the circumstances, I do not find any reason to entertain the present petition which is totally merit less as far as it relates to challenge to Annexure P/1 dated 06.08.2013 which is a notice issued by the Municipal Corporation, Bhopal to the concerned Builder/Colonizer in respect of the alleged violation of the sanctioned map in the colony.
Accordingly, the petition is dismissed.