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The present petition is being preferred by the petitioner against the order dated 10.08.2021(Annexure P/1) and part of permission dated 30.09.2021 (Annexure P/2) issued by Commissioner Municipal Corporation, Gwalior, whereby the petitioner has been directed to pay external development charges and even after payment of the said amount on 12.08.2021, he is being compelled to carry out the external development work with a condition that the said external development work would be carried by the petitioner on his own cost.

On the last date of hearing, learned counsel for the Corporation was directed to seek instructions in the matter and file the response positively, for which he today also sought time.

At this juncture, learned counsel for the petitioner placed on record one letter dated 28.09.2022 whereby the condition to carry out external development by the petitioner of its own cost, aggrieved by which the present petition was filed, was waived and it has been mentioned therein that the external development work would be carried by the Corporation, Gwalior itself and only the internal development work is to be carried out by the petitioner.

Learned counsel for the petitioner submits that since the grievance of the petitioner has been redressed, the present petition as such has become infructuous but a limited prayer has been made that in context of Rule 12 (x) of the Madhya Pradesh Nagar Palika (Registration of Colonizer, Terms and Conditions) Rules, 1998, where there is a condition stipulated that if the external development work is to be carried out by the Municipal Corporation, the Municipal Corporation shall complete the development work within a period of one year from the date of deposit of the amount under clause (v) and shall inform the colonizer accordingly for that the Corporation may be directed.

After hearing learned counsel for the parties and looking to the controversy which is in a very narrow compass, both the petitioner and the Municipal Corporation are directed to carry out their respective internal and external development works which are assigned to both parties within the time bound frame as prescribed under the Rules of the Madhya Pradesh Nagar Palika (Registration of Colonizer, Terms and Conditions) Rules, 1998.

With the aforesaid direction, the present petition is disposed of.