Sangeet Lodha, J. - (1.) This petition is directed against order dated 22.10.10 issued by the Executive Officer, Municipal Board, Balotra, whereby while granting sanction for raising construction of residential building, a condition has been imposed that 30' wide way shall be kept open by the petitioner in the public interest.
(2.) The relevant facts are that the petitioner, a nationalised bank was allotted 4197 sq. ft. land for residential building and accordingly, a perpetual lease was executed between the petitioner and the respondent-Municipal Board on 28.3.97. After a lapse of a few years, the petitioner made an application to the Municipal Board, seeking permission for sanction of residential building plans. The plans submitted by the petitioner were duly sanctioned by the Municipal Board and the permission to raise construction was issued on 26.11.02. The operative period of the sanction was from 1.12.02 to 30.11.03. The petitioner could not start the construction within the time frame and therefore, an application was filed seeking extension of time and the respondent-Municipal Board granted the extension for completion of the construction, where under the petitioner was required to complete the construction within the period from 8.7.05 to 7.7.06. The petitioner could not start the construction even within the time period extended as aforesaid and made yet another application on 9.8.10 seeking permission for raising construction. The petitioner was served with a notice dated 21.9.10, whereby the petitioner was informed that the public representatives of Ward No.16, 17, 18, 20, 21, 22 and 23 have raised objection against the construction permission being granted and therefore, it may file reply to objections before the Building Committee on 22.9.10. Thereafter, straight away, the Executive Officer, Municipal Board issued an order dated 21.10.10 granting conditional sanction as aforesaid. After issuing the sanction as aforesaid, the respondent-Municipal Board issued a notice inviting tender for inter alia construction of 30' wide road on the land of the petitioner. Hence, this petition.
(3.) A reply to the writ petition has been filed by the respondent-Municipal Board, taking the stand that a public way passes through petitioner's land, which is adjacent to the main road and therefore, if the construction permission is granted to the petitioner, the existing way shall stand closed. It is submitted that in the public interest, the condition imposed is just and proper. It is submitted that the NIT dated 10.12.10 stands cancelled and at present, no construction of the road is proposed to be raised by the Municipal Board.;