Usha Katare vs State Of Madhya Pradesh And Others

Vishal Mishra, J

This petition has been filed assailing the show cause notice dated 30.12.2025 directing for demolition of the property constructed by the petitioner on a drain.

It is the case of the petitioner is a retired Teacher. She is permanent resident of Bazaria Ward No.3, Hajari Ki Taliya, Ranipura, Damoh District Damoh. The petitioner's forefather-in-law Dharamdas Kori by the name of father-in-law Shobaram had purchased the plot admeasuring 20 x 15 land from its previous owner Bari Bahu and Nathu daughter and son of Bhagwandas Kori in the year 08.03.1968. After the purchase of the said plot the forefather-in-law Dharamdas's name was entered in the Maintenance Khasra 1978-79, the plot No.1558 area 0.11 hectare. A house was constructed by the father-in-law of the petitioner upon the said plot during his life. After the death of father-in-law, the said house was transferred in the name of petitioner's husband Jagdish Prasad Kataria. The petitioner has constructed three story house upon it. The petitioner along with her son and family are residing in the house.

It is submitted that in front of the house of the petitioner, there is a drainage line and the petitioner's house is constructed upon the drainage line which is about 2 feet width. The respondent No.3 on 30.12.2025 has issued a notice to the petitioner alleging therein that the petitioner has violated the provisions of Section 223(1) of M.P. Municipal Corporation Act, 1961. It is submitted that the respondent No.3 intend to demolish the petitioner's house to create widening of drainage line whereas the petitioner's house is constructed more than 60 years prior to construction of drainage line. It is pointed out that in case, the house is being demolished, the entire building will be collapsed which will cause great hardship to the petitioner. Under these circumstances, the petitioner is seeking a relief restraining the respondents from taking any coercive action including demolition against the petitioner's residence pending adjudication of this petition. Hence, this petition.

Shri Vasu Jain, learned counsel appears on advance notice for respondent No.3 and fairly submits that the petitioner has submitted a reply to the show cause notice along with all the relevant documents. The authorities have considered the same and thereafter passed an order. In case the petitioner is found to have encroached upon the drain and raised a construction, then the authorities will pass a final order for demolition taking note of the judgment passed by the Hon'ble Supreme Court in the case of Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1 wherein certain directions/guidelines have been issued and in the case of In Re Manoj Tibrewal Akash, Writ Petition (Civil) No.1294/2020 decided on 06.11.2024. The entire exercise be completed within a period of 60 days from the date of receipt of certified copy of this order.

Till the decision is taken by the authorities, no coercive action for demolition of the property to take place.

Accordingly, the petition is disposed off.

Certified copy as per rules.