between the parties that during the pendency of the application before the Municipal Corporation, Bikaner, the petitioner preferred yet another application seeking permission for raising construction before the UIT, Bikaner. It has come on record that the petitioner has obtained the permission for raising construction in collusion with the Deputy Town Planner, UIT, Bikaner. Be that as it may, on the basis of the order dated 28.11.86 placed on record by the petitioner in no manner a conclusion can be drawn that the petitioner's plot is situated in the area falling within the jurisdiction of UIT, Bikaner. Moreover, it is not in dispute that the petitioner's plot does not fall within the scheme area of the UIT and the circular dated 11.10.95 issued by the Director, Local Bodies and the building By-laws adopted by the Municipal Corporation makes it abundantly clear that the matter with regard to grant of permission for raising construction in respect of the plots situated outside the scheme area is vested in the Municipal Corporation. In this view of the matter, in the considered opinion of this Court, the Urban Improvement Trust, Bikaner has committed no error in cancelling the permission for raising construction granted in favour of the petitioner. The petitioner was raising construction on the basis of the permission obtained from UIT, Bikaner unauthorisedly and therefore, the action of the respondents in stopping the construction and seizing the building till the plans are duly sanctioned by the Municipal Corporation also, cannot be faulted with.
