MCTWA has challenged HC’s order that directed demolition of excess construction at Mansarovar Complex
BHOPAL : Supreme Court (SC), on Saturday, questioned the locus standi of Mansarovar Complex Traders Welfare Association (MCTWA) that has challenged the High Court’s order that directed the demolition of excess construction for parking lot at Mansarovar Complex.
SC, on Saturday, asked MCTWA to approach SC through MP Road Transport Corporation (MPSRTC) which has constructed the complex.
Senior Advocates Dhruv Mehta and Advocate Siddharth Radhelal Gupta appeared for the appellant association before the SC, whilst PIL Petitioner Satish Nayak was represented through Sr. Advocate Rohit Singh. According to Gupta, SC bench made oral observations that since the land and superstructure is completely owned by the MPRTC and that shop owners are merely its lessees, it’s for MPRTC to first have first approached the SC challenging the HC order, absence of which implies that MPRTC has happily accepted the HC order, as not being aggrieved out of it, and ready to pay the Rs 7.5 crore amount to the Municipal Corporation as per HC Order.
The HC on March 7 2018 in its detailed judgment passed in PIL of Satish Nayak held that erstwhile Mansarovar Complex was constructed in violation of mandatory norms of parking without leaving an open strip of 4.5 meters for parking of vehicles and thus the construction that was raised on the aforesaid area was completely illegal.
HC had directed that either MPRTC pay a fine of Rs. 7.5 crores or the BMC should demolish the excess construction of more than 5000 meters constructed in 5 floors of the complex within a period of 6 months from date of order.
Aggrieved with the aforesaid judgment of HC MCTWA challenged the same before SC on the principal ground that MPRTC as a government undertaking procured all the necessary permissions; constructed the complex entirely on its responsibilities and then sold it to them.