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N THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
WAHID KHAN – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
| Table of Content |
|---|
| 1. court orders final resolution without costs. (Para 1 , 7) |
| 2. challenge to unauthorized construction notices. (Para 2) |
| 3. guidelines for demolition per supreme court ruling. (Para 3 , 5 , 6) |
| 4. requirements for demolition procedures. (Para 4) |
ORDER
This common order shall govern disposal of the aforesaid writ petitions, as the question of law and facts involved herein, are similar.
2. The challenge in these petitions is made to the impugned notices whereby the petitioners have been directed to remove the unauthorized construction raised by them, failing which coercive action shall be taken against them.
3. Counsel appearing for the petitioners has drawn attention of this Court to the judgment passed by the Hon'ble Supreme Court in the case of Directions in the Matter of Demolition of Structures, In re , (2025) 5 SCC 1 wherein certain directions/guidelines have been issued. It is submitted that in the present case, the said guidelines are not followed by the authorities and as far as the guidelines issued by the Hon'ble Supreme Court in paragraph 94 thereof, they are required to be followed by the authorities. The authorities are required to give personal hearing to the
Authorities must adhere to Supreme Court guidelines before demolishing unauthorized constructions, ensuring due process and fairness.
(1) Demolition of residential and commercial properties by State machinery – No demolition should be carried out without a prior show cause notice returnable either in accordance with time provided b....
The High Court emphasized the urgency of demolishing unauthorized constructions as per local regulations.
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