IMC files appeal against temporary injunction
THE INDORE Municipal Corporation (IMC) has filed a civil miscellaneous appeal before the 20th additional district judge against the temporary injunction granted in favour of Bakhtawarram Housing Society located at khasra nos 151/2, 152, 159, 160/7 and 169.india Updated: Mar 28, 2006 15:47 IST
THE INDORE Municipal Corporation (IMC) has filed a civil miscellaneous appeal before the 20th additional district judge against the temporary injunction granted in favour of Bakhtawarram Housing Society located at khasra nos 151/2, 152, 159, 160/7 and 169.
The appeal is scheduled to come up for hearing on Wednesday. The injunction was granted by eighth civil judge, Class 1, Anand Priya Rahul, who in an order dated February 2, 2006, ordered a status quo and forbade the Corporation to carry out any demolition on the Society’s 15.58-acre holdings.
In its appeal the Corporation reiterated that the Society had illegally usurped 1.47 acres of public land substantiating reports published in this newspaper (Guddu still sitting on 1.46 acre land, HT Live October, 19, 2005).
The appellant further claimed this had been corroborated by on-site verification, which revealed that Society land measured 17.01 acres against the 15.58 acres listed on records.
Contesting the respondent’s charges regarding the accuracy of the survey the appeal demands to know why no rebuttal survey was submitted by the Society in support of its claims.
The appeal, submitted by IMC lawyer Zahid Khan, further pointed out the Society had failed to take into confidence plot-owners as mandated by the Nagar Tatha Gram Nivesh Adhiniyam, 1973, while applying to the Town and Country Planning office, Indore for a revision of the layout plan.
The multi-crore Bakhtawarram Nagar land grab case hogged the limelight on October 18, 2005 when the Corporation freed 29,000 square feet adjoining the Ajit and Ajit Club in the area.
The move came after reports that the Club had been built by encroaching upon land reserved for green spaces and amenities under the layout plan, allegedly with the connivance of former Building Officer Gyanendra Singh Jadon.
The allegations were corroborated by a spot inspection report ordered by the Housing and Environment Ministry. The report declared the recreation centre was built on garden land and plot numbers 92, 97, 74, 61, 35 and 36 were housed on site for a proposed 80-feet wide road that would be reduced to 30 feet as a result of the encroachment.
After the IMC reclaimed the land the society filed an appeal under Section 94 of the CrPc, which led AP Rahul to order a status quo on January 18 until the IMC field its reply. After granting the Corporation a hearing the judge ordered a temporary injunction on February 2 prompting the civic body to file an appeal before the 20th additional district judge.