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Judgment
7 paragraphs · 229 wordsVivek Rusia, J
The petitioner has filed the present petition under Article 226 of Constitution of India challenging notice dated 29.12.2023 (Annexure P/1) whereby he has been directed to remove the illegal construction within seven days; failing which, the same shall be removed under the provisions of Section 187 read with Section 223 of Madhya Pradesh Municipalities Act, 1961.
Learned counsel for the petitioner submits that the petitioner has been directly served with demolition notice, without giving any opportunity of hearing; otherwise, the petitioner would have satisfied that the construction is not illegal.
3 . Shri Tiwari submits that Nagar Parishad, Thikri, District Barwani is going to restore 30 ft. wide road, which is already recorded in the revenue records of the Council in which the petitioner and others have encroached by way of illegal construction.
But the fact remains that before issuing the impugned notice, no show cause notice was given to the petitioner, hence, this notice be treated a show cause notice. Let the petitioner submit a reply within seven days before the Chief Municipal Officer, Nagar Parishad, Thikri, District Barwani (M.P.), who shall consider and decide the same within next seven days.
Needless to say that for the next fifteen days, no coercive action shall be taken against the petitioner.
With the aforesaid direction, the present writ petition stands disposed off.