Madhya Pradesh High Court
M/S G.L.R. Real Estate Private Limited ... vs Municipal Corporation on 27 October, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 WP-23515-2021
The High Court Of Madhya Pradesh
WP-23515-2021
(M/S G.L.R. REAL ESTATE PRIVATE LIMITED GWALIOR THROUGH Vs MUNICIPAL CORPORATION
AND OTHERS)
1
Gwalior, Dated : 27-10-2021
Shri S.K. Shrivastava, learned counsel for the petitioner.
Shri Shiraz Qureshi, learned Government Advocate for the
respondents/State.
Heard on the question of admission and interim relief.
Issue notice to the respondents on payment of process fee by RAD mode within seven working days, failing which this petition shall stand dismissed automatically without further reference to Court.
Notice be made returnable within four weeks.
Learned counsel for the petitioner submits that petitioner is the coloniser and he has deposited external development charges to the tune of Rs.67,59,250/-. Learned counsel for the petitioner has pointed out Rule 12(ix) of the Nagar Palika (Registration of Coloniser) Rules, 1998 (hereinafter shall referred to as "the Rules"), which provides that undertaking is required to be given by the colonizer to the effect that if he will do the development work on his own, then the Corporation cannot charge the external development charges. In the instant case undertaking was already taken by the petitioner. In spite of that the petitioner was compelled to deposit the aforesaid amount, which he has already deposited, which is evident from the Bank statement. He further submitted that according to Rule 12(xii) of the Rules, the amount so deposited has to be kept in a separate Bank account by the competent authority. The withdrawal from this account shall only be made for the purpose of external development works of that colony through the joint signature of the competent authority and Collector or a subordinate officer authorized by him for this purpose. He further submitted that no such account was opened and the petitioner was directed to deposit the amount in the Corporation's account, which he apprehends that the amount might be 2 WP-23515-2021 used for some other purpose. In such circumstances, the respondent/Corporation may be restrained from utilizing the amount. In spite of payment of amount and the bar under the Rules, the Corporation has directed the petitioner to make arrangement for external development work on his own cost, which itself is illegal.
In the meanwhile, the respondent is directed not to utilize or disburse the amount deposited by the petitioner till the next date of hearing.
List this case in the week commencing 29.11.2021. Certified copy as per rules.
(S. A. DHARMADHIKARI) JUDGE shanu* Digitally signed by SHANU RAIKWAR Date: 2021.10.27 17:13:17 -07'00'