Housing society?s stay plea rejected
TENTH ADDITIONAL district judge Deep Kumar Kesharvani has dismissed temporary stay application filed by Gyan Prabha Grah Nirman Sahakari Sanstha Maryadit to prevent demolition of its two-storeyed commercial complex raised at 6, CPWD Workshop Road, adjoining Navratanbag.india Updated: Feb 19, 2006 15:50 IST
TENTH ADDITIONAL district judge Deep Kumar Kesharvani has dismissed temporary stay application filed by Gyan Prabha Grah Nirman Sahakari Sanstha Maryadit to prevent demolition of its two-storeyed commercial complex raised at 6, CPWD Workshop Road, adjoining Navratanbag.
The district court rejected the application on the grounds that it was outside its territorial jurisdiction to adjudicate the case. The judge observed that stay application had been moved under criminal procedure and therefore civil court could not try it.
Gyan Prabha Housing Cooperative Society moved the stay application against the district administration notice it received under Section 133 of Cr PC. The show cause notice issued by SDM P S Bagga on September 22, 2005, had asked the society to file a reply within three days stating that building was constructed on the 80-feet wide road and therefore it needs to be demolished to facilitate traffic flow on the thoroughfare.
Counsel Jyoti Tomar and Ajay Asudani pleaded the case on behalf of administration and housing society respectively. An application iled by Gyan Prabha Society for granting permanent stay against administration’s order is still pending before the 19th ADJ.
It has been listed for hearing on February 27. The court has asked the administration to file a written reply on the application.
THE CONTROVERSIAL building has a chequered history with Indore Municipal Corporation and Nazul Department claiming to own the land on which the complex has been raised.
The conflict between two agencies appeared settled when Indore Tehsildar on August 28, 2004, issued show cause notice to Gulmohar Extension Colony resident Kiran Deshmukh of Gyan Prabha Grah Nirman Sahakari Sakh Sanstha as to why no action should be taken against him under Section 248 of MP Land Revenue Code 1959 for constructing two-storeyed commercial complex on 6,900 sq ft of land, which belongs to government.
Meanwhile, former BJP corporator Parmanand Sisodia raised the issue charging then Mayor Kailash Vijayvargiya with land abuse. He alleged that IMC first made registry of 640.71 square meter of road strip and showed it as a plot.
The IMC then sold this land to Mrinalini Devi Holkar. Holkar then sold it off to five persons for Rs 20.68 lakh on February 16, 2004, who in turn sold the land to Gyan Prabha Grah Nirman Sahakari Sakh Sanstha for Rs 48.15 lakh on May 14, 2004.
Despite being a housing cooperative society, its chairman Gyandev Deshmukh took permission from IMC to build commercial complex on July 16, 2004. Within 29 days of receiving the map sanction, a two-storeyed commercial complex was raised. IMC cancelled the maps when the issue was exposed.