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2024 Supreme(Online)(MP) 38488
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SUBODH ABHYANKAR, J
Sanobar Ali – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 37756/2024
Gourav Shrivastava,Advocate General
Demolition actions must adhere to legal protocols, ensuring adequate notice and opportunities for affected parties to contest before any demolition occurs.
Headnote:(A) Constitution of India - Article 226 - Writ petition seeking relief against demolition notice issued by authorities - Petitioner argues for adherence to Supreme Court guidelines regarding demolition procedures - Court emphasizes the importance of following legal protocols and providing adequate notice and opportunity for appeal before demolition. (Paras 1-5)
(B) Natural Justice - Principles of natural justice demand that affected parties be given adequate time and opportunity to challenge demolition orders - Court directs that demolition should not occur without proper notice and personal hearing. (Paras 90-91)
Facts of the case:
The petitioner challenges a demolition notice issued by the respondents, seeking to quash it and ensure compliance with Supreme Court guidelines for demolition procedures. The petitioner requests compensation for any acquisition as per legal provisions.
Findings of Court:
The court disposed of the writ petition with directions to follow Supreme Court guidelines, ensuring that no demolition occurs without prior notice and an opportunity for the affected party to respond.
Issues: The main issues addressed were the legality of the demolition notice and the adherence to Supreme Court guidelines regarding demolition procedures.
Ratio Decidendi: The court ruled that demolition actions must comply with established legal procedures, including providing adequate notice and opportunities for the affected parties to contest the actions against them.
Result: Writ petition disposed of with directions.
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
"(a) That, a writ, direction or order in the nature of certiorari or mandamus or as deemed fit be issued quashing the impugned notice dated 21.11.2024(annexure P/1) issued by the respondent no.4.
(b) That, a writ, direction or order in the nature of certiorari or mandamus or as deemed fit be issued restraining them demolishing the construction and directing respondents to comply with the directions issued by the Hon'ble Apex Court in the matter of In Re: Directions in the matter of demolition of structures 2024 SCC Online SC 3291 (c) That writ, direction or order in the nature of certiorari or mandamus or as deemed fit be issued directing the respondents to initiate legal acquisition proceeding if any, then it has to take place in consonance to the provisions of the Right to Fair compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act 2013 or any other cogent law and the petitioner should be compensated for such acquisition in view of the principles of natural justice. (d) This petition may kindly be allowed.
(e) Any other relief which this Hon'ble Court deems fit be issued."
2. The petitioner is aggrieved by the action of the respondents whereby his
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construction is sought to be demolished.
3. Learned counsel for the petitioner has relied upon the recent decision rendered by the Supreme Court in the case of In Re : Directions in the matter of demolition of structures reported as 2024 SCC OnLine SC 3291 para No.90 and 91. Counsel has submitted that the respondents may be directed to adhere to the aforesaid guidelines issued by the Supreme Court in the aforesaid decision.
4. Learned counsel for the respondents on the other hand has opposed the prayer, however, it is not denied that the Supreme Court has issued certain guidelines in the aforesaid decision.
5. In view of the same, this Court is inclined to dispose of this petition with a direction to the respondents to proceed in accordance with law, by following the directions issued by the Supreme Court in Para No.90 and 91 of the aforesaid decision which read as under:-
"90. In order to allay the ears in the minds of the citizens with regard to arbitrary exercise of power by the officers/officials of the State, we find it necessary to issue certain directions in exercise of our power under Article 142 of the Constitution. We are also of the view that even after orders of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before an appropriate forum. We are further of the view that even in cases of persons who do not wish to contest the demolition order, sufficient time needs to be given to them to vacate and arrange their affairs. It is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens would not fall on the authorities if they hold their hands for some period.
91. At the outset, we clarify that these directions will not be applicable if there is an authorized structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law.
Demolition of Structures - Directions issued:
A. NOTICE i. No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days’ time from the date of service of such notice, whichever is later.
ii. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be affixed conspicuously on the outer
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portion of the structure in question.
iii. The time of 15 days, stated herein above, shall start from the date of receipt of the
