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2024 Supreme(Online)(MP) 38481
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SUBODH ABHYANKAR, J
Hakim Baig – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 37763/2024
Gourav Shrivastava,Advocate General
The court mandates adherence to Supreme Court guidelines for demolition, emphasizing due process and natural justice principles.
Headnote:(A) Constitution of India - Article 226 - Writ petition seeking relief against demolition of construction and adherence to Supreme Court guidelines - The petitioner contends that demolition actions must comply with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court directs adherence to Supreme Court guidelines for demolition procedures, ensuring due process and opportunity for affected parties. (Paras 1-5)
(B) Natural Justice - The principles of natural justice necessitate that individuals affected by demolition orders are given adequate notice and opportunity to respond before such actions are taken. (Paras 5-6)
Facts of the case:
The petitioner challenges the respondents' action to demolish his construction, arguing that it must follow legal acquisition processes and respect the guidelines set forth by the Supreme Court.
Findings of Court:
The court directs the respondents to follow the Supreme Court's guidelines regarding demolition, ensuring that due process is adhered to.
Issues: The main issues include the legality of the demolition process and adherence to the Supreme Court's guidelines.
Ratio Decidendi: The court emphasizes the necessity of following established legal procedures and providing adequate notice and opportunity for affected parties in cases of demolition.
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 to 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
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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
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office of Collector/District M
