Madhya Pradesh High Court
M/S G L R Real Estate Private Limited ... vs Municipal Corporation, Gwalior on 22 November, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
WP No. 25329/2021
(M/S G L R REAL ESTATE PRIVATE LIMITED GWALIOR THR.
AUTHORISED SIGNATORY SHRI DEEPAK JAIN Vs MUNICIPAL
CORPORATION, GWALIOR AND OTHERS)
Gwalior, Dated : 22-11-2021
Shri S.K. Shrivastava, Counsel for petitioner.
Shri Deepak Khot, Counsel for State.
Heard on the question of admission.
It is submitted by Counsel for petitioner that the notices
have already been issued by the Co-ordinate Bench of this Court
in W.P. No.23515/2021 in which the similar question is involved.
Maintaining the parity, issue notice to the respondents on
payment of process fee by registered as well as ordinary mode. Process fee be paid within three working days.
It is further submitted by Counsel for petitioner that by order dated 27.10.2021, the Co-ordinate Bench of this Court has directed the respondent not to utilize or disburse the amount deposited by the petitioner till the next date of hearing.
It is submitted by Counsel for petitioner that while submitting an application for grant of development permission, the petitioner has submitted an undertaking that the external development work shall be carried out by the petitioner at its own cost. The Municipal Corporation Gwalior by order dated 10.08.2021 has granted development permission with condition No.14 which requires that the external and internal development has to be completed by the petitioner at its own cost. However an 2 THE HIGH COURT OF MADHYA PRADESH WP No. 25329/2021 (M/S G L R REAL ESTATE PRIVATE LIMITED GWALIOR THR. AUTHORISED SIGNATORY SHRI DEEPAK JAIN Vs MUNICIPAL CORPORATION, GWALIOR AND OTHERS) amount of Rs.20,42,850/- was also directed to be deposited towards the development expenses which has been done by the petitioner. It is submitted that the said amount can be utilized for the external development only and not for any other purposes.
Considering the fact that the Co-ordinate Bench of this Court by order dated 27.10.2021 passed in W.P. No.23515/2021 has directed the respondent not to utilize or disburse the amount deposited by the petitioner towards the external development work, it is directed that the amount so deposited by petitioner towards the external development work shall not be utilized or disbursed till the next date of hearing.
List this case along-with W.P. No.23515/2021.
(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.11.22 18:20:47 +05'30'