HC halts Bhopal civic body’s move to cancel NOC to builder
The Madhya Pradesh  High Court has  issued a show cause notice to the Bhopal Municipal Corporation asking under what provision of law, power and authority, they had cancelled the duly issued completion certificate in favour of any private builder. In…

The Madhya Pradesh  High Court has  issued a show cause notice to the Bhopal Municipal Corporation asking under what provision of law, power and authority, they had cancelled the duly issued completion certificate in favour of any private builder.

In an  interim relief order to a realty firm the court restrained BMC from “taking any coercive action    regarding cancellation of completion certificate issued by the BMC with respect to their residential colony.

The builder had approached the court challenging the show-cause notice issued   in January 2018 proposing cancellation of the various completion certificates issued to them, under Rule 25 of Bhumi Vikas Rules 2012.

After eight-nine months of issuance of completion certificate, the BMC through its departmental order passed in December 2017 constituted zone-wise committees for undertaking physical inspection and verification exercise of completed colonies in Bhopal.

This was followed by issuance of show cause notices to various builders, around 40 in number, through which the corporation proposed to cancel their building permissions, for incomplete and deficient works in their colonies.

Ramayan Builders approached the high court, challenging the validity of the show cause notices. Counsel for the petitioner  contended that nowhere under the provision of the Municipal Corporation Act or Bhumi Vikas Rules is there any power or authority to initiate process of cancellation of completion certificate, duly issued by it.

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