Madhya Pradesh High Court
Prasvnath Developers Ltd. vs Ujjain Municipal Corporation on 16 April, 2018
1 WP No.
5943/2018
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
WP No.5943/2018
( Parsvnath Developers Vs. Ujjain Municipal Corporation)
INDORE dt. 16-04-2018
Mr Piyush Mathur, learned Sr. Counsel with Mr Pankaj
Bagadia, learned counsel for the petitioner.
Mr Manoj Munshi, learned counsel for the respondent Ujjain
Municipal Corporation.
Mr Vijay Assudani, learned counsel for the intervenor has filed an application i.e IA No. 1735/2018 for intervention. The same stands allowed.
The petitioner before this court a Company registered under the Companies Act, 1976 has filed this present petition for issuance of an appropriate writ, order or direction directing the respondents to do all such further acts which are required under the Madhya Pradesh Nagar Palika (Registration of Coloniser, Terms and Conditions) Rules, 1998 (hereinafter referred as the 'Rules of 1998') by virtue of the Completion Certificate issued in their favour dated 29-05-2010 (Annexure-P-9) and (Annexure-P-11) dated 01-03-2014.
The facts of the case reveal that the petitioner Company has purchased a land in the township of Ujjain ad-measuring 41.312 hectares through Registered Sale Deed and started development of township in the year 2007. Out of the totaling land purchased by the petitioner Company for the purpose of Colonization in respect of land ad-measuring 31.7421 hectares, the petitioner has obtained permission from Ujjain Municipal Corporation on 01-02-2007 (In case No. 15/2006/3/169). In respect of the other piece of land ad-measuring 7.6425 hectares the petitioner was granted permission from the Town and Country Planning Department vide order dated 24-08-2006.
2 WP No.5943/2018 The petitioner was granted permission for colonization in respect of the aforesaid land on 12-02-2007 (7.6425 hectares). Meaning thereby for both two parcels of land permission was granted under the Rules of 1998 by the Ujjain Municipal Corporation. It is not in dispute at all. Rule 12 of the Rules of 1998 provides for mortgage of 25% of plots for colonization in order to ensure that completion of development activities and accordingly 25% of plots were mortgaged. The plots were mortgaged by Registered Mortgaged Deed dated 18-01-2007.
The Rules of 1998 provides for a Completion Certificate after a development work is over and the petitioner Company in respect of land ad measuring 7.6425 hectares Completion Certificate was granted on 29-05-2010 (Annexure-P-9) and in respect of other piece of land i.e. 31.7421 hectares Completion certificate was granted on 01-03-2014. Meaning thereby, Ujjain Municipal Corporation has granted two Completion Certificates. It is also pertinent to note that before granting Completion Certificate information was sought from various authorities and after verifying the completion of work two Completion Certificates were issued. The petitioner's grievance is that inspite of there being two Completion Certificates the respondent Ujjain Municipal Corporation has started refusing grant of "Building permission" to plot owners and they are harping upon some external development work as provided under Rule 2 (j) of the Rules of 1998.
Learned counsel for the petitioner Mr Piyush Mathur has argued before this court that building permission cannot be denied to the plot owners only because allegedly external development work has not been carried out. He has further stated that as per Rules of 1998, keeping in view the definition clause Rule 2
(j) deals with External Development Work and Rule 2(i) deals with Internal Development Work, the petitioner is under an obligation to carry out Internal Development Work and the 3 WP No. 5943/2018 same has been done which is evident from Completion Certificate issued by the Ujjain Development Authority. He has argued that mortgage of plot is done under the Rules of 1998 in respect of internal development work, which stand concluded. He has further stated that not only building permission is being denied by respondent but the respondents have gone to the extent of lodging a First Information Report in the matter in respect of some external development work. The petitioner has prayed for the following reliefs :-
"The petitioner humbly prays that during the pendecy of the present petition the respondent be restrained from taking any coercive action against the petitioner in relation to petitioners' colony situated on land admeasuring 31.7421 hectares located on Survey Nos.100, 101, 105/2, 106, 108, 109, 110, 111, 112/5, 113, 114, 115, 116, 117, 118, 119/1, 120/1, 121, 122 in village Nagjhiri and on survey Nos. 198/1/2, 199, 200, 201, 202, 203, 204/1, 206/1, 207, 208, 209, 210 falling on village Nimnavasa District, Ujjain and to fairly process the applications for building permission of the purchasers of plots in accordance with law."
Mr Manoj Munshi has marked his appearance on behalf of the Ujjain Municipal Corporation, the sole respondent and an attempt has been made to point out before this court that certain development work has not been carried out, but he has admitted the fact that the Completion Certificate was issued by the competent authority dated 29-05-2010 (Annexure-P-9) and (Annexure-P-11) dated 01-03-2014. He has categorically stated before this court that the certificates are very much in existence and have been issued in favour of the petitioner.
An intervention application has also been filed and the same stands allowed. Learned counsel Mr Assudani has argued before this court that there are number of plots where development work has not been carried out and, therefore, the Ujjain Municipal Corporation should take coercive action against 4 WP No. 5943/2018 the petitioner. He has also stated that even First Information Report has been lodged against the petitioner Company.
Heard learned counsel for the parties and perused the record. The relevant statutory provision i.e Section 2 (i) and Section 2(j) of the Rules of 1998 which are necessary to adjudicate the matter reads as under :-
"(i) Internal Development Work means the following development works to be done within the limits of the colony under the prescribed standards :-
(one) Levelling;
(two) Demarcation of the proposed roads and plots sanctioned in the layout ;
(three)Construction of the proposed road (as per IRC standards ) (four)If in the land of the colony, the road exists at present, in that case the construction or widening of the road on the basis of sanctioned layout (as per IRC standards );
(five) Construction of culverts (as per IRC standards);
(six) Construction of proposed drain, if existing then the colonization of existing drain (as per PHE standards);
(seven) implementation of internal water supply system (as per PHE standards); (eight) Construction of internal sewage line (as per PHE standards);
(nine) Construction of septic tank (if proposed) (as per PHE standards) (ten) Fixation of electric polls under the internal electicty system (as per the standards prescribed by the MPEB ) (eleven) Construction of overhead tank;
(twelve) Development of proposed open areas in the colony ;
(thirteen) Plantation on road side ;
(j) External Development Work" means the 5 WP No. 5943/2018 following development works as per prescribed criteria -
(one) New roads to be constructed in the shape of approach road starting from the limit of the colony to the existing road of the town;
(two) If the road exists at present attached to the colony then in that case the expenses to be incurred on the proposed widening of the existing road;
(three) Laying of electric line from the limits of the colony to the existing electric line for the supply of electric in the colony;
(four) The expenditure on connecting the existing system to the system of under ground sewerage from the limits of the colony.
(five) If water supply in the colony is proposed at the level of urban water supply system then in that case the laying of new pipe line from the limits of the colony the existing pipeline ;
(six) In respect of approach road of the colony under sub clause (one) and widening of the existing road under sub-clause (two) it shall be necessary fore the competent authority to clearly determine as to what extent the approach road should be widened and under the widening of the existing road how much width is meant for and what shall be the qualify of construction of such road that is whether it shall be a WBM or asphalt or of cement concrete."
Undisputedly, the petitioner has obtained colonization permission from Ujjain Development Authority and pursuant to the permission granted to them on 07-07-2006 (Annexure-P-4) and 24-08-2006 (Annexure-P-6), the completion certificate have been granted and they are on record dated 29-05-2010 (Annexure-P-9) and dated 01-03-2014 (Annexure-P-11). Order dated 29-05-2010 (Annexure-P-9) reads as under :-
" dk;kZy; uxj ikfyd fuxe] mTtSu dz- 16@2006@3@517 mTtSu fnukad 29-5-2010 izfr] ik'oZukFk MsoyilZ fyfeVsM] v:.kkpy fcfYMax flDFk ¶yksj 6 WP No. 5943/2018 19] ckjk[kack jkssM] ubZ fnYyh fo"k; %& dk;Z iw.kZrk izek.k&i=A lanHkZ %&1- vkidk i= dzekad 1136 fnukad 31-08-2009 ds dze esaA 2- ekuuh; mPp U;k;ky; [k.MihB bUnkSj }kjk ;kfpdk dz- 6351@2007 esa ikfjr vkns'k fnukad 15 uoEcj 2007A 3- dk;kZy; vuqfoHkkxh; vf/kdkjh rglhy mTtSu ds vkns'k iz-dz- 201@v@87&88] fnukad 29-05-2006A mijksDr fo"k;kafdr dze esa bl dk;kZy; }kjk xzke ukxf>jh fLFkr Hkwfe losZ ua- 103] 104] 105@1] 108] 109] 110 o 117 dk Hkkx ,oa 107 dqy jdck 7-642 gsDVs;j Hkwfe ij iw.kZrk izek.k i= ,oa ca/kd Hkw[k.Mksa dks eqDr djus ds dze esa izkIr vkosnu i= vuqlkj fu;e 12¼4½ ds vUrxZr fuEukuqlkj foHkkxksa }kjk dk;Z iw.kZrk ckcr~ lgefr izLrqr dh xbZ gSA 1- dk;Zikyu ;a=h >ksu dzekad 4] m-u-ik-fu- dk vukifRr i= dzekad 153] fnukad 28-04-2010A 2- izHkkjh vf/kdkjh m|ku foHkkx m-u-ik-fu- dk vukifRr i= dzekad 527] fnukad 11-05-2010A 3- dk;Zikyu ;a=h yksd Lok-;ka-foHkkx m-u-ik-fu- dk vukifRr i= dzekad 3163] fnukad 17-05-2010A 4- izHkkjh] izdk'k vf/kdkjh dk vukifRr i= dzekad 10@08 fnukad 18-05-2010A 5- LokLF; vf/kdkjh] m-u-ik-fu- dk i= dzekad 250] fnukad 22-05-2010A 6- fofHkUu fodkl dk;ksZ dk j[kj[kko Msoyij@dkWyksukbtj dks ,d o"kZ rd vko';d :i ls djuk gksxkA 7- o`{kkjksi.k dk j[kj[kko nks o"kksZ rd djuk gksxkA bl vof/k ds njE;ku fujUrj o`{kkjksi.k eas o`f) djuk vko';d gksxkA 8- fdlh Hkh rF; dks Nwikus ls i<us okys foojhr izHkko ds fy;s Msoyij@dkyksukbZTkj Lo;a ftEesnkj gksxsA 9- mYysf[kr 'krksZ ds lkFk ekMZxst Mh&VkbZi ds Hkw[k.M dzekad 91 yxk;r 117 rFkk 147 yxk;r 163] dqy Hkw[k.M la[;k 44 ca/kd eqDr fd;s tkrs gSA mijksDrkuqlkj vk;qDr ,oa l{k; izkf/kdkjh] mTtSu uxj ikfyd fuxe ds vkns'kkuqlkj iw.kZrk izek.k i= ¼Completion Certificate½ tkjh fd;k tkrk gSA le{k izkf/kdkjh ,oa vk;qDr ds vkns'kkuqlkjA izHkkjh vf/kdkjh dkWyksuh lsy mTTkSu uxj ikfyd fuxe] mTtSu The aforesaid Completion Certificate has been issued based upon the Investigation done by the Ujjain Municipal Corporation. Learned counsel appearing for the Ujjain Municipal Corporation has informed this court that the Certificates issued in the year 2010 and 2014 are very much in existence. The plots in question were mortgaged in respect of internal development work of the colony and the internal development 7 WP No. 5943/2018 work has been carried out which is established from the completion certificate issued on 29-05-2010 and on 01-03-2014 and, therefore, once the internal development work was carried out and the Ujjain Municipal Corporation has issued Completion Certificate, their appears to be no justification on the part of the respondents, in not granting the building permission to plot owners. No statutory provision of law has been pointed out by the Counsel appearing on behalf of the Ujjain Development Corporation which entitles the Ujjain Development Corporation to reject the prayer for grant of Building permission to the plot owners and the Completion Certificate was issued under the provisions of the Rules of 1998.
Resultantly, the prayer made by the petitioner appears to be a genuine prayer in light of the Completion Certificate issued by the Corporation. The respondents are directed to release the plots mortgaged with the Corporation as the Completion Certificate was issued on 29-05-2010 and 01-03-2014 respectively. The respondent shall also do all such further acts which they are required to do after the release of plots, keeping in view Rules of 1998.
With the aforesaid the petition stands disposed of.
Certified copy as per rules.
(S.C. SHARMA) JUDGE Rashmi Digitally signed by Rashmi Prasahant Date: 2018.04.20 11:54:43 +05'30'