1. This order shall dispose of seven writ petitions being WP No. 3185 of 2008, WP No. 4818 of 2008, WP No. 4837 of2008, WP No. 4389 of 2008, WP No. 4881 of 2008, WP No. 5027 of 2008 and WP No. 5028 of 2008, as the controversy in all these cases is identical and similar arguments have been addressed before this Court. For the sake of convenience, the facts are borrowed from WP No. 3185 of 2008.

2. The petitioner is the sole proprietor of the firm M/s Metal Equipment Enterprises and had purchased land bearing survey No. 176 measuring one acre, situated at Pipliyarao, Tehsil and District Indore, from the original owner Harakchand Naluja Shah through a registered sale-deed dated March 1, 1972. A copy of the aforesaid sale deed has been appended as Annexure P-1 with the present petition. After having become the owner of the said land, the petitioner constructed a shed on the said land after getting the plan sanctioned from the Competent Authority of Indore Municipal Corporation (hereinafter referred as the respondent-corporation). The petitioner also claims that he is regularly paying the property tax qua the said property to the respondent-corporation. In a portion of the said property, one Praveen Bhai Patel, who had taken that portion on rent is running a vehicle service station.

3. The petitioner was surprised to receive a notice dated May 26, 2008 from corporation-respondent No.2, which was also addressed to Patel Motors, directing them to remove the compound wall, situated on 264.80 sq.mt. of the land, within a period of seven days from receipt of the said notice. A copy of the said notice has been appended as Annexure P-3 with the petition.

4. It has been claimed by the petitioner that issuance of the said notice was absolutely without any authority and jurisdiction, in as much as, the land in question was absolute ownership of the petitioner, and having never been acquired by the State Government, Indore Municipal Corporation or Indore Development Authority, and the petitioner having never received any compensation for the land or for the construction raised thereupon, could not have been dispossessed from the said land nor the construction raised by him could be demolished. The petitioner approached this Court earlier, through a writ petition being WP No. 2995 of 2007. The writ petition filed by the petitioner was disposed of by this Court vide order dated November 12, 2007. A liberty was granted to the petitioner to file a representation before the Indore Municipal Corporation and correspondingly the corporation was directed to adjudicate the pleas raised by the petitioner through the said representation and not to take any action of demolition etc. till the matter was finally decided by the corporation.

The petitioner has pleaded that in terms of the liberty granted to him, he filed a detailed representation on November 16,2007, Annexure P-5. The petitioner was called for personal hearing by the Commissioner, Municipal Corporation on January 24, 2008. Even a representative of the Patel Motors was also called for hearing. However, an order dated April 17 , 2008 has subsequently been communicated to the petitioner, in which, the representation filed by the petitioner has been rejected by the corporation and the petitioner has been directed to demolish the wall in question, failing which, the corporation has directed that the demolition shall be done by it. It is in these circumstances that the petitioner has approached this Court through the present petition, yet again.

5. Inspite of a couple of opportunities granted in this regard, no reply has been filed by the respondents. In these circumstances, the arguments in the main case have been heard in absence of the reply.

6. I have heard Shri G.M. Chaphekar, learned senior counsel for the petitioner, Shri Anand Agrawal, learned counsel for respondents No.1 and 2, Shri Anand Pathak, learned Deputy Govt. counsel for respondent No.3 and Shri Manoj Dwivedi