Rajesh Jain And Others vs Nagar Palika Nigam Jabalpur Dwara And Others

Sushrut Arvind Dharmadhikari, J

By filing this petition under Article 226 of the Constitution of India, the petitioners have challenged the notices dated 04.07.2022 (Annexure-P/1) issued under Section 310 of the Madhya Pradesh Municipal Corporation Act, 1956 whereby the petitioners have been directed to remove the dilapidated shops/building within 24 hours else appropriate action would be taken for removal thereof.

Learned counsel for the petitioners submitted that the notices have been issued in violation of the procedure prescribed in Section 309 and 310 of the Act. The notices have been issued by the Market Superintendent whereas, the same ought to have been issued by the Commissioner. The petitioners have not been granted adequate opportunity to show that the building/shops are fit human habitation, therefore, the notices deserve to be interfered with.

Per Contra Shri Jai Shukla, learned counsel for the respondents submitted that the petitioners are having efficacious, statutory and alternative remedy of filing an appeal under Section 403 of the Municipal Corporation Act, therefore, this petition is not maintainable.

Taking into consideration the fact that remedy of appeal is available to the petitioners under Section 403 of the Municipal Corporation Act, this petition is disposed of with liberty to the petitioners to file an appeal before the appellate authority within a period of seven days along with application for stay.

If such an appeal is filed within the stipulated period, the respondents are directed to decide the same on merits after hearing both the parties within a period of 45 days from the date of filing of the appeal by passing a reasoned and speaking order.

Till the application for interim relief filed before the Appellate Authority is decided, no coercive action shall be taken against the petitioners in pursuance to the notices dated 04.07.2022.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, this writ petition stands disposed off.

Certified copy today.