W.P.18917.11 Writ Petition No. 18917 of 2011 14-11-2011 Shri Praveen Chourasiya, learned counsel for the petitioner. This petition under Article 227 of the Constitution of India is directed against the order dated 06-09-2011 and order dated 08-11-2011. Order dated 06-09-2011 is a show cause notice issued under section 307 (2) of the Municipal Corporation Act, 1956 (hereinafter referred to as the 'Act of 1956') whereby the petitioner is called upon to produce the sanctioned map and the document pertaining to the title over the land earmarked for a park. Whereas the order dated 08-11-2011 is passed in exercise of power under sub-section (3) of Section 307 of the Act of 1956 whereby the petitioner is called upon to remove the unauthorized structure raised on the land in question within 24 hours. Apparently, there is a dispute in respect of the fact as to whether the construction raised over the land said to be earmarked for the park is in accordance with law. Sub-section (5) of Section 307 of the Act of 1956 provides for : “(5) Nothing in this section shall affect the right of the Corporation or any other person to apply to the District Court for an injunction for the removal or alteration of any building on the ground that it contravenes any provisions of this W.P.18917.11 Act or the bye-laws made thereunder, but if the building is one in respect of which plans have been deposited and the plans have been passed by the Commissioner, or notice that they have been rejected has not been given within the prescribed period after the deposit thereof, and if the work has been executed in accordance with the plans, the District Court on granting an injunction shall have power to order the Corporation to pay to the owner of the work such compensation as the District Court thinks just, but before making any such order the District Court cause the Commissioner if not a party to be joined as a party to the proceeding.” In view of above since the disputed facts are apparent in the petition, the petitioner would be at liberty to avail the remedy by filing a civil suit as contemplated under sub-section (5) of Section 307 of the Act of 1956. With the said liberty the petition stands dismissed. (SANJAY YADAV) JUDGE sc