UMESH JOSHI Vs. MUNICIPAL COUNCIL, NEEMUCH
LAWS(MPH)-2020-1-132
HIGH COURT OF MADHYA PRADESH (FROM: INDORE)
Decided on January 21,2020

Umesh Joshi Appellant
VERSUS
Municipal Council, Neemuch Respondents

JUDGEMENT

S.C.SHARMA,J. - (1.)The present Writ Petition, by way of Public Interest Litigation, has been filed by the petitioners challenging the action of respondent No.1 - Municipal Council, Neemuch in granting leasehold rights and building permission dated 1/12/2015 in favour of respondent Nos. 2 and 3. The petitioner No.1 is a Journalist and the petitioner No.2 is a Businessman. Their contention is that the land was allotted by respondent No.1 vide lease deed dated 7/11/1960 to one Dr. Shrinivas Mandloi, for a period of 10 years and extension was granted from time to time. It has been further stated that Dr. Shrinivas Mandloi expired in 1992 and finally the lease was renewed in favour of respondent No.2 who is wife of Dr. Shrinivas Mandloi and respondent No.3 who is daughter of Dr. Shrinivas Mandloi. The contention of the petitioner is that the allotment of land to respondent Nos. 2 and 3 is contrary to the provisions as contained under the M. P. Municipalities (Transfer of Immovable Property) Rules, 1996. It has been stated that there is a clear violation of Rule 3 of the Rules of 1996 and the municipal land should have been allotted by public auction or by inviting tender and, therefore, the action of allotting the land is bad in law and the building permission granted deserves to be quashed.
(2.)A reply has been filed in the matter by respondent Nos.2 and 3 and they have stated that the land in question was allotted to Dr. Shrinivas Mandloi for making his house and Nursing Home. On 28/10/1960 the Municipal Council, in exercise of powers conferred u/S. 53 of the Madhya Bharat Municipality Act, 1954 approved grant of lease for a period of 10 years in respect of admeasuring 16000 sq.ft., to Dr. Shrinivas Mandloi vide resolution No. 236. It has been further stated that the Sub-Registrar at the relevant point of time has refused to register the lease and on the instructions of the then Collector, Mandsaur, the administrator has cancelled the lease granted.
(3.)That Dr. Shrinivas Mandloi preferred a Civil Suit ie., Civil Suit No. 18A/1964 and the suit was decreed in favour of Dr. Shrinivas Mandloi by holding the allotment in his favour as valid allotment and the Municipal Council was also directed to register a fresh lease deed in favour of Dr. Shrinivas Mandloi. The judgment was delivered on 14/3/1966.


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