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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Amarjeet Singh Chhawda – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Writ Petition No. 29065 of 2022
Decided On : 15-12-2022
| Table of Content |
|---|
| 1. petitioner seeks action against illegal construction. (Para 1) |
| 2. direction for inquiry and decision on application. (Para 2 , 3) |
| 3. writ petition disposed without determining merits. (Para 4 , 5) |
JUDGMENT
Vivek Agarwal, J. - This petition is filed by the petitioner seeking direction against the respondent No.3 to act in accordance with the provisions contained in Section 187 (8-a) of the Madhya Pradesh Municipalities Act, 1961, for removal, alteration or pulling down of illegal construction made by respondent No.4.
2. This writ petition can be disposed of with a direction to the respondent No.3 to cause an inquiry and after giving opportunity of hearing to the respondent No.4, decide petitioner's application for taking action under Section 187 (8-a) of the Madhya Pradesh Municipalities Act, 1961 within some time bound manner.
3. Accordingly, the petitioner is directed to file a fresh representation within 7 days from today before respondent No.3 along with copy of writ petition and copy of order being passed today and if such a representation is filed by the petitioner, the respondent No.3 shall cause an inquiry within a further period of 15 days, after giving opportunity of hearing to the private respondent No.4 Smt.Baljeet Kaur and then, suitable action be taken under communication to both the petitioner and the respondent No.4 within a further period of 15 days.
4. In above terms, this writ petition is disposed of.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Petitioners may seek redress through representation regarding unauthorized construction allegations if procedural compliance is followed.
Court mandated municipal authority to verify and address unauthorized constructions under Kerala Municipality Act, ensuring compliance with the law.
The court determined that existing actions by authorities rendered the Writ Petition unnecessary, leading to dismissal.
The court affirmed the need for statutory compliance in construction activities, emphasizing timely action on complaints of unauthorized works.
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