IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 18 OF MARCH, 2024 WRIT PETITION No. 21081 of 2021 BETWEEN:-

SMT. SURJEET KAUR W/O AJIT SINGH, AGED ABOUT 81 YEARS, OCCUPATION: HOME MAKER 225, BRAHMAPURI, BHAWARKUAN (OLD HOUNE NO. 163 PIPLIYARAO, INDORE) (MADHYA PRADESH)

.....PETITIONER (BY SHRI RAVINDRA SINGH CHHABRA, SENIOR ADVOCATE ASSISTED BY SHRI MUDIT MAHESHWARI, ADVOCATE)

AND THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY

1.

VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

STATE OF MADHYA PRADESH THR PRINCIPAL SECRETARY HOME

2.

DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

COLLECTOR / DISTRICT MAGISTRATE COLLECTOR

3.

COLLECTORATE MOTI TABELA INDORE (MADHYA PRADESH)

INDORE MUNICIPAL CORPORATION THR ITS COMMISSIONER

4.

INDORE (MADHYA PRADESH)

MR. ANUP GOEL S/O NOT KNOWN OCCUPATION: BUILDING OFFICER

5. ZONE NO. 13 INDORE MUNICIPAL CORPORATION (MADHYA PRADESH)

.....RESPONDENTS (STATE BY SHRI DEVDEEP SINGH, PANEL LAWYER)

(RESPONDENTS NOS.4 & 5 BY SHRI PANKAJ PORWAL, ADVOCATE) This petition coming on for hearing this day, the court passed the following:

O R D E R The petitioner has filed the present petition under Article 226 of Signature Not Verified the Constitution of India challenging the order dated 22.09.2021, whereby the application for compounding has been rejected by the respondents.

The facts of the case as stated in the writ petition are as under:-

02. The petitioner is claiming ownership of land bearing Survey No.162, area 1800 sq.ft. Pipliyarao by virtue of a lease deed executed by Khasgi (Devi Ahilyabai Holkar Charities) Trust dated 14.09.2000 for a period of 20 years. She raised RCC construction of a storey house without obtaining building permission from the Municipal Corporation.

03. According to the petitioners, her grandson namely Karan Rana was found involved in the attack on the house of the BJP President of the City, thereafter, a notice for demolition under Section 307 of the M.P. Municipal Corporation Act, 1956 was issued in the name of Anmol Sandhu by respondent No.5. Notice dated 18.11.2020 was affixed at the subject property on 19.11.2020. The petitioners submitted a representation to the Deputy Inspector General, Indore.

04. Being aggrieved by the aforesaid notice, the petitioners approached this Court by way of W.P. No.18027 of 2020, which came to be disposed of vide order dated 24.11.2020 with liberty to reply the show-cause notice and the respondents shall pass an order in accordance with law.

05. Respondents filed a reply to the Writ Petition by submitting that the petitioner is not the titleholder as there is no registered sale deed in their favor, therefore, at their instance, the application for compounding is not maintainable. The petitioner has constructed the house without building permission, hence, the same is liable to be demolished.

06. The petitioners have filed an application seeking amendment in the writ petition to raise additional grounds based on subsequent change Signature Not Verified in the law .

07. Shri R.S. Chhabra, learned Senior Counsel appearing for the petitioners submits that vide ordinance dated 10.08.2021, various amendments were brought in the M.P. Municipal Corporation Act, 1956 which mandates the opportunity of hearing before the declaration of a colony as an unauthorized colony. The provisions of Section 292-D of the Municipal Corporation Act also mandate that after the declaration of the colony as 'illegal', the Commissioner shall prepare a draft layout of such colony to provide civic infrastructure in the unauthorized colony. The provisions of Section 308-A of the Municipal Corporation Act,1956 have not been followed while considering the application for compounding. It is further submitted that the State Government has brought Madhya Pradesh Nagar Palika (Colony Development) Rules, 2021 (in short the Rules of 2021) by way of gazette notification dated 13.01.2022. Rule 23(5) of the Rules of 2021 provides that the unauthorized colony existing bef