Summary:
Alternatively, the petitioner has sought another place to be allotted to him by IDA and IMC for conducting his business from.The high court in October 2018 had ruled that commercial Money Center building had been built upon a land reserved for healthcare facilities. The petitioners have also claimed that they had not been given an opportunity to appeal against the order before a higher authority. The centre had 54 shops and offices. Another petition has been filed before high court by Sajani Bajaj, who had been allotted land on lease in 1996 for a period of 30 years.Both petitions by Dr Sajani Bajaj and Dr Arpit Jain have challenged order passed by IMC’s building officer on October 12, 2018 and demolition action taken by them on October 14, 2018 without giving occupants a fair opportunity of hearing. Indore: High court on Monday issued notices to IDA, IMC and others in a petition filed by an occupant of demolished Money Center seeking alternate place to run his clinic or space to be allotted to him in new building to be constructed on the spot.Indore division bench of Justice SC Sharma and Justice Virendra Singh sought reply from respondents in the petition filed by Dr Arpit Jain, who occupied a shop in Money Center building.The petitioner has claimed that since he was an independent shop occupant in the building, a separate notice for eviction had to be sent to him by IMC and that notice sent in name of lease holder Sajani Bajaj was not applicable to him.He has also claimed that only a part of Money Center building was illegally constructed as per IMC order and that only illegally constructed portion should have been demolished by civic body instead of demolishing the entire building.As per law, an application could also have been moved by lease holder for compounding of illegally constructed portion of the building.The petitioner has sought relief for demolition action to be declared illegal and he be granted place to run business from in the new building to be constructed over the land..