Urmila Shivhare vs The State Of Madhya Pradesh on 23 January, 2018
12. So far as applicability of s.307 of the Act of 1956 to
the present case is concerned, this court is of the considered
opinion that the said issue has already been answered by the
Chhattisgarh High Court in the case of Raj Kumar College
Society (supra) that s.295 of the Act is not controlled by s.307
so far it relates to deemed sanction. Thus, the notices issued to
the petitioner u/s.307 of the Act cannot be issued to demolish
the building of the petitioner on the ground that no previous
sanction was obtained, however, no such restriction is there if it
is for the removal or alteration of work not in conformity with
the byelaws or any scheme or any other requirement.