IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 14 OF NOVEMBER, 2025 WRIT PETITION No. 44520 of 2025 HINESH CHHABRA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Aditya Awasthi - Advocate for petitioner.

Shri A.S. Baghel - Govt. Advocate for respondents/State.

Shri Manoj Kushwaha - Advocate for respondent No.4.

ORDER This petition is filed seeking the following reliefs :

(i) To issue a writ of mandamus and direct the respondents not to interfere with the petitioner’s legally occupied property or any portion thereof;

(ii) To issue a writ of mandamus and set aside the impugned notice dated 29.09.2025 (Annexure P5);

(iii) To issue a writ of mandamus and direct respondents to undertake proper demarcation of the road in question for determining the road centre before demolition under the provisions of the M.P.

Municipalities Act, 1961;

(iv) To issue a writ of mandamus and restrain the respondents from demolishing or dispossessing the petitioner from their shop;

(v) Grant any other relief that this Hon'ble Court deems fit and just in the facts and circumstances of the case.

2. The challenge in this petition is made to the impugned notice whereby the petitioner has been directed to remove the unauthorized construction raised by him within 15 days, failing which coercive action shall be taken against him.

3. Counsel appearing for the petitioner has drawn attention of this Court to the judgment passed by the Hon'ble Supreme Court in the case of In Re Manoj Tibrewal Akash, reported in 2024 SCC OnLine SC 3210 wherein certain directions/guidelines have been issued in context of the road widening. It is submitted that in the present case, the said guidelines are not followed by the authorities. The petitioner has already submitted reply to the show cause notice before the authorities but as far as the guidelines issued by the Hon'ble Supreme Court in paragraph 30 thereof, they are required to be followed by the authorities. He has also placed reliance upon the order passed by a coordinate Bench of this Court in WP No. 4384 of 2025 dated

07.02.2025.

4. In the case of Manoj Tibrewal Akash (supra), the Hon'ble Supreme Court has held as under :

30. Before acting in pursuance of a road widening project, the State or its instrumentalities must:

(i) Ascertain the existing width of the road in terms of official records/maps;

(ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps;

(iii) If an encroachment is found, issue a proper, written notice to the encroachers to remove the encroachment;

(iv) In the event that the noticee raises an objection with regard to the correctness or the validity of the notice, decide the objection by a speaking order in due compliance with the principles of natural justice; (v) If the objection is rejected, furnish reasonable notice to the person against whom adverse action is proposed and upon the failure of the person concerned to act, proceed in accordance with law, to remove the encroachment unless restrained by an order of the competent authority or court; and (vi) If the existing width of road including the State land adjoining the road is not sufficient to accommodate the widening of the road, steps must be taken by the State to acquire the land in accordance with law before undertaking the road widening exercise.

5. Counsels appearing for the respondents could not dispute the aforesaid proposition and the judgment passed by the Hon'ble Supreme Court is binding upon the authorities. It is submitted that prior to taking extreme steps, the authorities are duty bound to follow the aforesaid guidelines.

6. Under these circumstances, prior to taking any extreme steps by the authorities, the guidelines issued by the Hon'ble Supreme Court in Manoj Tibrewal Akash (supra) are required to be followed. The respondents- authorities are directed to comply with the aforesaid directions/g