Madhya Pradesh High Court
Suresh Kumar Lalwani vs Municipal Corporation Indore on 9 May, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
:1: WP No. 19332 of 2021 with other W.Ps.
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 19332 of 2021
(DEVI AHILYA NEW CLOTH MARKET CO. LTD Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
WP/21216/2021, WP/21400/2021, WP/21511/2021, WP/21960/2021,
WP/23078/2021, WP/23082/2021, WP/23887/2021, WP/25737/2021,
WP/27114/2021, WP/27878/2021, WP/28757/2021, WP/00929/2022,
WP/04824/2022
Dated : 09-05-2022
Shri V K Jain, learned senior counsel with Ms.Vaishali Jain,
learned counsel for the petitioners.
Shri Amit Singh Sisodia, learned Govt. Advocate for the
respondents/State.
Shri Manoj Munshi, learned counsel for the respondent No.3. Heard on the question of admission.
Counsel for the petitioners has sought the interim reliefs, however, he is pressing for the interim relief No.(iii) only, which is reproduced as under:-
"(iii) the Respondent No.3 may kindly be directed at least to grant building permissions to the plots, having no concerned with the present controversy."
Counsel for the petitioners has submitted that the controversy involved in the case is in respect of the plots situated in the vicinity of 30 meters area of the river Saraswati, as has been directed by the National Green Tribunal ((hereinafter referred as the"NGT") in its :2: WP No. 19332 of 2021 with other W.Ps.
order dated 19.7.2017, which has also been filed along with the reply by the respondent No.3/Indore Municipal Corporation, Indore and thereafter, the State Government has also passed the order for compliance of the aforesaid order passed by the NGT.
Counsel has further submitted that the petitioner, (in W.P. No.19332/2021) is a registered company and various plots have been sold to the share holders as per the sanctioned map in the year 2005, and thereafter the order of NGT has been passed directing the State Government to ensure that there should be no construction within 30 meters of Full Tank Level (FTL) all the lakes in the State. It is further submitted that obeying the aforesaid order, the petitioners are also not inclined to make any construction within vicinity of 30 meters of bank of the river Saraswati as this issue is under challenge before this Court only and any future construction on this strap would be governed by the final order passed in this petition, however, in the sanctioned map, there are other 110 odd plots also involved which have nothing to do with the present controversy. Thus, it is submitted that the aforesaid plot holders be allowed to carry out the construction and other activities in respect of the plots which do not come within 30 meters limit of the river.
Shri Manoj Munshi, counsel appearing for the respondent No.3/ Indore Municipal Corporation, Indore has opposed the prayer and it is submitted that as per the NGT's order as also the order passed by the State Government, the Municipal Corporation is the duty bound to comply with the same and in such circumstances, no construction can :3: WP No. 19332 of 2021 with other W.Ps.
be made until the final disposal of this petition.
On due consideration of the rival submissions and on perusal for the documents filed on record, it is found that so far as the NJT's order is concerned, the same reads as under:-
"Learned counsel submits that the information is still awaited. We direct that at present all building permissions that may have been granted for allowing construction within 30 meters of the Full Tank Level (FTL) of all the lakes in the State shall be put on hold. Copy of this order shall be sent to the Chief Secretary, who in turn is directed to ensure the compliance by the forwarding the appropriate directions to the local authorities. Copy be also given to the Principal Secretary, Urban Development Department for compliance. Companies of this order shall be reported by the learned counsel for the State on the next date of hearing.
Let the matter be listed on 23rd August, 2017."
(emphasis supplied) On perusal of the aforesaid order, this Court finds that the dispute is purely in respect of the plots which are situated within the vicinity of 30 meters of the bank of Saraswati river. However, so far as the other 111 plots are concerned, they are not situated within the aforesaid area and in such circumstances, to restrain them from further construction work would be onours to them as the plots have been sold by the petitioner to the respective plot holders in the year 2005 itself and all the development activities have already been complete. In view of the same, it is directed that till the final disposal of this petition, the petitioner or any other person shall not construct or carry out any activity within the vicinity of 30 meters area of the bank of Saraswati river as has been directed by the respondent No.2 to the petitioner. However, so far as the other plots are concerned, they are excluded :4: WP No. 19332 of 2021 with other W.Ps.
from the order passed by the NGT and as such, the Respondent No.3 is directed to grant building permissions to the plot owners in accordance with law and allow them to carry out other development activities pursuant thereto.
Let the matter be listed in the week commencing 01/8/2022. Certified copy, as per rules.
(Subodh Abhyankar) Judge moni Digitally signed by MONI RAJU Date: 2022.05.11 09:59:54 +05'30'