Supreme Court, on Tuesday instructed MP State Road Transport Corporation (MPSRTC) to propose alternatives to wholesome demolition of Mansarovar Complex for addressing parking issues within 4 weeks. The SC Bench expressed dissatisfaction with the judgment of HC and accepted the submissions of appellant traders association that since the land and superstructure is completely owned by the MPRTC as its owner; all permissions and approvals were obtained by it; and MPRTC only constructed and sold off the units to all its members traders, it was for the MPRTC to have first proposed solutions, instead of straight-away accepting the order of demolition of the complex structure built more than 15 years back.
Advocate Siddhartha Gupta, who appeared for traders, said, “The traders association had approached the SC against the HC order which had imposed fine on the MPRTC payable to the BMC failing which, it was directed that the front façade of more than 5000 sq. meters of constructed area of 5 floors of Mansarovar complex be demolished. The traders association pleaded in their SLP that they cannot be found faults with in any illegality in the construction of building which was never constructed on their behalf and that they had purchased it through public modes of sale conducted by MPRTC as the seller.”
HC Order
The HC on March 7, 2018, held that as complex was constructed in violation of mandatory norms of making provision of parking, thus the construction that was raised on the aforesaid area was completely illegal. The HC also had directed that either MPRTC pay a fine of Rs. 7.5 crores or the BMC should demolish the excess construction.