1. This petition filed under Article 226 of the Constitution takes exception to the order passed by the Collector (respondent No.2) dated 21.12.2015 (Annexure P-14) whereby the Collector directed the petitioners to remove the encroachment and disapproved the decision of Gram Sabha to construct the shops on the water body of village Bhajiya, Tahsil Badwara, District Katni.

2. Briefly stated, the facts narrated by the petitioners are that the Gram Sabha of Gram Panchayat Bhajiya passed a unanimous resolution on 14.4.2013 (Annexure P-2) to permit the construction of shops at the water body is situated within the territory of Gram Panchayat. This decision was taken in order to ensure that the water body is properly protected, and no further soil erosion takes place. The decision was taken with a view to generate employment also.

3. Learned counsel for the petitioners contended that said decision of Gram Panchayat was taken in consonance with Article 243A of the Constitution read with section-7(1)(j-ii) of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (in short 'Adhiniyam'). By taking this Court to the said provision, learned counsel for the petitioners submits that 'Gram Sa