Demolishing Homes has become Fashionable for Civic Bodies, says Madhya Pradesh  HC, pulls up Ujjain Authorities

The Madhya Pradesh High Court directed the civic body in Ujjain to pay Rs 1 lakh each compensation to two women over illegal demolition and observed that it had become fashionable for local bodies to raze homes without following the principle of natural justice.

The Indore bench of the high court gave the directions while allowing the writ petition of Radha Langri and Vimla Gurjar of Sandipini Nagar, who challenged the demolition of their homes by the civic authorities on December 13, 2022, overlooking the provisions of the MP Municipal Corporation Act 1956.

The copy of the order passed on February 1 was made available on Monday.

A single bench of Justice Vivek Rusia said, “As observed repeatedly by this court, it has become fashionable now for local administration and local bodies to demolish any house by drawing up proceedings without complying with the principle of natural justice and publishing it in the newspaper.”

The court, while allowing the writ petition, also directed the civic body to pay the petitioner Rs 1 lakh each as compensation for the illegal demolition of their house without giving an opportunity for hearing and notice within four weeks.

It also directed the municipal commissioner to initiate disciplinary action against officers who prepared the forged spot panchnama.

“The petitioners are also directed to get their construction legalised by applying for building permission, compounding before the commissioner, and the same shall be considered in accordance with the law without being prejudice by the observations made hereinabove against the municipal corporation,” the order stated.

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