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2024 Supreme(Online)(MP) 38479
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SUBODH ABHYANKAR, J
Muzaffar Ali – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 37765/2024
Gourav Shrivastava,Advocate General
The court mandates adherence to Supreme Court guidelines in demolition cases, ensuring due process and protection of rights of affected parties.
Headnote:(A) Constitution of India - Article 226 - Writ petition seeking to restrain demolition of construction and compliance with Supreme Court directions in demolition matters - Petitioner contended that legal acquisition proceedings must adhere to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Court directed respondents to follow Supreme Court guidelines to ensure due process in demolition actions. (Paras 1, 5, 6)
(B) Demolition of Structures - Guidelines established by the Supreme Court for demolition processes, requiring prior notice, personal hearing, and opportunity for appeal - Clear procedures mandated to prevent arbitrary actions by authorities and safeguard the rights of affected parties. (Paras 5, 90, 91)
Facts of the case:
The petitioner filed a writ petition against the respondents for seeking to demolish his construction without following due legal process, citing the Supreme Court's recent directives on demolition procedures.
Findings of Court:
The court recognized the necessity of adhering to the Supreme Court's guidelines regarding demolition and emphasized the importance of maintaining the status quo until appropriate orders are passed in compliance with said directions.
Issues: The main issues addressed were the legality of the demolition actions and the adherence to the Supreme Court’s guidelines in such matters.
Ratio Decidendi: The court emphasized that proper notice and opportunity for hearing must be provided before any demolition action is taken, as outlined in the Supreme Court’s directives, ensuring compliance with the principles of natural justice.
Result: Writ petition stands disposed of.
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 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 (b) 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. (c) This petition may kindly be allowed.
(d) 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 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
Signature Not Verified
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 portion of the structure in question.
iii. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice.
iv. To prevent any allegation of backdating, we direct that as soon as the show cause notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate of the district digitally by email
