The Indore Bench of the Madhya Pradesh High Court has directed the respondent authorities not to demolish the construction in dispute said to be made on the encroached government land at Village Nimthur in Tehsil Bhanpura of District Mandsaur.
A Single Bench of Justice Satyendra Kumar Singh passed this order while hearing a petition filed by Late Shri R.M. Sojatia Foundation Trust.
The High Court noted that the petitioner property was ordered to be demolished by giving him a notice of less than one day time by the respondent authorities.
The petition under Article 226 of the Constitution of India has been preferred to quash the showcause notice dated 27.12.2022 issued by the respondent no 2 to the petitioners to demolish the construction said to be made on the government land on survey ad-measuring 0.066 hectares situated at Village Nimthur, Tehsil – Bhanpura, District – Mandsaur.
Counsel for the petitioners submitted that the petitioners have filed an Election Petition against a sitting MLA of the ruling party and due to which the aforesaid notice was served upon the petitioners on 28.12.2022 at about 06:45 p.m and he was directed to file their reply in the morning of the very next day i.e 29.12.2012, otherwise the construction made by him on the aforesaid land will be demolished. The contents of the notice apparently shows that the same has been given with political reasons and proper opportunity has not been given to the petitioners to file their reply therefore, the same is required to be quashed.
Government Advocate for the respondent/State submitted that it is very specifically been mentioned that after demarcation, it was found that the petitioners have encroached about 0.066 hectares of government land therefore, the said notice was issued and he was provided an opportunity to file the reply and, therefore he is not entitled for any relief.
“It is apparent from the record that the show cause notice dated 27.12.2022 was served upon to the petitioners on 28.12.2022 at about 6:45 p.m and they were directed to file their reply on the very next day i.e 29.12.2022 stating therein that otherwise the construction in question will be demolished. It is mentioned in the notice itself that petitioners are in possession of the land in dispute for the last 10 years. In these circumstances, it appears appropriate to give some reasonable time to the petitioners to file the reply and till then the respondents are required to be restrained from demolishing the construction in question”, the Court observed.
Hence, the Court disposed of the petition with directions to the respondents that they will provide relevant papers with regard to demarcation of the land in question to the petitioners within 3 days and thereafter, petitioners will file their reply before the competent authority/ respondent no 2 within 10 days and thereafter, respondent no 2 will pass appropriate order in accordance with law after considering the reply submitted by the petitioners.
“In the meantime, respondents will not demolish the construction in dispute said to be made on the encroached land bearing survey ad-measuring 0.066 hectares situated at Village Nimthur, Tehsil Bhanpura, District Mandsaur.
It is further directed that respondents will not take any coercive action against the petitioners after passing of the said order for 7 days and provide reasonable time to the petitioners to approach the competent authority”, the Court ordered.