Ram Dayal vs Nagar Palika Parishad Sheopur

Because the matter is in regard to removal of encroachment and a short prayer has been made for disposal of the petition and counsel on behalf of the respondent/Council is appeared, hence, with the consent of the parties, the case is being disposed of finally at the motion hearing stage. The petitioner has filed this petition against a show cause notice Annexure P/1 dated 18/09/2012. By the aforesaid notice, the petitioner is directed to remove the encroachment over an area of land measuring 7 x 21.6 feet situate at Main Bazar, Ward No. 05, Sheopur.

Earlier, a notice was issued to the petitioner on 11/6/2012. By the aforesaid notice, the petitioner was directed to submit a reply within a period of seven days in regard to ownership of the house and permission granted by the Municipal Council for the purpose of construction of the house. The petitioner submitted the reply, copy of which has been filed as Annexure P/7. The petitioner mentioned in the reply that he had not made any encroachment and he is the owner of the house. He further submitted the documents in regard to grant of permission for construction of the house and title deeds. However, vide impugned notice, without considering the reply of the petitioner, the petitioner was directed to remove the encroachment over an area measuring 7 x 21.6 feet.

We have perused the impugned notice Annexure P/1. From the aforesaid notice, it is clear that Municipal Council has not considered the reply and documents submitted by the petitioner. Because, the matter is in regard to removal of encroachment, hence, it is obligatory on the part of the Municipal Council to consider all the documents and reply submitted by the petitioner and thereafter pass a reasoned order, because valuable right of the petitioner of property may be affected.

In this view of the matter, this petition is disposed of with the following directions:-

(i) The impugned notice Annexure P/1 dated 18/9/2012 is hereby quashed.

(ii) The Municipal Council shall pass a reasoned order after considering the reply submitted by the petitioner to the show cause notice and documents filed by the petitioner. The petitioner is at liberty to submit the reply to the notice within a period of seven days from today, if not already filed.

(iii) The petitioner shall also afford a personal opportunity of hearing. If the authority comes to the conclusion that the petitioner has made any encroachment over the area, then a reasoned order be passed in the presence of the petitioner. The petitioner be communicated the date of passing of the order, so he will remain present before the authority. The petitioner shall also be supplied a copy of the order by the Council. If the petitioner wants to submit some more documents or evidence, he is at liberty to produce the same before the Council.

(iv) If any adverse order is passed against the petitioner, the petitioner be given 10 days'' time to pursue the legal remedy available under law.

(v) Upto that period, any action in regard to removal of encroachment shall not be taken against the petitioner.

With the aforesaid directions, this writ petition is disposed of. No order as to costs. C.C. As per rules.