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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, BINOD KUMAR DWIVEDI
Shravan Kumar – Appellant
Versus
State of M.P. Through Panchayat and Rural Development Department – Respondent
ORDER :
Vivek Rusia, J.
The petitioner has filed the present petition under Article 226 of the Constitution of India in the nature of Public Interest Litigation seeking directions to the respondents to stop the unauthorized construction of 11 shops being carried out without legal sanction and in violation of public safety norms on Nazul land (Survey No.144) on State Highway No. 39A at the congested intersection of Village –Bamniya.
FACTS OF THE CASE IN BRIEF
02. The petitioner is a permanent resident of Village – Bamniya, District – Jhabua, claiming himself to be a public-spirited individual working actively for public causes and identifies himself as an RTI activist also engaged in journalism with a reputed daily newspaper. Over the years, he has initiated several matters at the District and State level in Jhabua to expose corruption and to protect public interest. These included disclosure of financial losses to the Government, action against erring officials and successful prosecution of offenders and also matters that involve large-scale misappropriation of public funds.
2.1. According to the petitioner, at the intersection of Ratlam – Jhabua State Highway No.39A near the Ambika Mat
Unauthorized construction by a Gram Panchayat must comply with public safety norms and legal requirements, emphasizing that compliance is essential to prevent hazards.
Private land acquired through auction is outside the jurisdiction of local authorities for intervention, and expired permissions necessitate renewal for construction to proceed legally.
Authorities must respond timely to complaints regarding unauthorized constructions affecting public safety.
Court upheld a community sanitation complex project's legality over a land dispute, emphasizing public interest and rejecting the plaintiff's claims of obstruction.
The court emphasized local authorities' responsibility to investigate unauthorized construction and afforded procedural mechanisms for addressing public grievances without adjudicating the underlying....
Court emphasizes fair process and authority’s responsibility to address unauthorized constructions.
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