Mastram Ghoshi And Others vs tate Of Madhya Pradesh And Others

Raj Mohan Singh, J

This petition has been listed on the basis of mentioning memo allowed by the Division Bench-I today itself.

Learned counsel for the petitioners submits that the petitioners have sustained grievance/apprehension that their properties mentioned in Para- 5.9 of the writ petition may be demolished any time without giving any prior notice or following the mandatory provisions of Municipal Corporation Act, 1956. In order to substantiate his apprehension, learned counsel for the petitioners submits that earlier a notice was issued in respect of one of the properties namely Marriage Garden, which was issued on 07.03.2024. Sandhya, one of the family members of the petitioners filed W.P. No.6643/2024 in which following directions were issued on 14.03.2024 by the learned Single Bench:-

"8.In the present matter, petitioner has not availed the alternate statutory remedy of appeal and straight way approached this Court by way of filing present petition, therefore, the petition may be disposed of in view of the order passed by coordinate Bench in the matter of Ratanlal Kesharwani (supra) and thus, the present petition is disposed of with the following directions:-

(a) Petitioner will apply for registration and license under the provisions of Model Bey-Laws, 2020 within a period of 15 days from today; and

(b) Petitioner may assail the notice dated 07.03.2024 by preferring appeal under Section 403(4) M.P. Municipal Corporation Act, 1956 before Appeal Committee within a period of 15 days from today;

(c) In case the petitioner chose to file the appeal, same will be decided by the Appeal Committee after affording opportunity of hearing to the petitioner, within a period of 60 days thereafter.

(d) For a period of 15 days, no coercive action shall be taken in furtherance of notice dated 07.03.2024 (Annexure-P-5) and in case petitioner chose to prefer the appeal, no action shall be initiated on the basis of impugned notice, till expiry of seven days from the date of communication of the order passed by the Appellate Authority.

With the aforesaid, present petition is disposed of. No order as to costs."

While disposing of the aforesaid petition, the aforesaid directions were issued on 14.03.2024. Direction No.(d) was evident that for a period of 15 days, no coercive action was to be taken in furtherance of notice dated 07.03.2024 and in case, the petitioner chose to prefer an appeal, no action shall be initiated on the basis of notice dated 07.03.2024 till expiry of 7 days from the date of communication of orders, if any passed by the Appellate Authority. Despite the aforesaid directions, demolition of Marriage Garden has taken place on 18.03.2024, against which, the Contempt Petition No.1131/2023 has already been filed and notice has been issued today itself.

Learned counsel for the petitioners submits that one more property of the petitioners, reference of which finds mentioned in Para No. 5.7 has been demolished on 19.03.2024 without issuing any notice to the petitioners. Notice has been issued only on 21.03.2024, even after undertaking demolition drive on 19.03.2024. Now, the apprehension of the petitioners' is that the properties, reference of which has been given in Para No.5.9 may also be demolished without issuing any notice to the petitioners in the same manner as has been done in respect of the property named as Chaleesha Hill View, Tilli Ward, Sagar, which has been demolished on 19.03.2024 and notice has been issued only on 21.03.2024.

Mr. G.P. Singh, Advocate accepts notice on behalf of respondents No.2 and 3/Municipal Corporation and very candidly submits that the Corporation shall act in accordance with law before undertaking any such demolition drive in respect of any property belonging to the petitioners.

Let notice be issued to remaining respondents on filing process fee within seven working days by R.A.D. mode, returnable within four weeks.

Till the next date of hearing, respondents No.2, 3 and 5 shall ensure that the compliance of mandatory provisions of Municipal Corporation Act is made before initiating any action of demolition of building of the petitioners.

Certified copy as per rules.