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HIGH COURT OF MADHYA PRADESH
Mohammad Hussian – Appellant
Versus
Urban Administration And Development Department – Respondent
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE WP No. 48944 of 2025 (MOHAMMAD HUSSIAN Vs URBAN ADMINISTRATION AND DEVELOPMENT DEPARTMENT AND OTHERS )
Dated : 14-12-2025 Shri Kuldeep Pathak - Advocate for the petitioner.
Shri Sudeep Bhargava - Deputy Advocate General for the respondents No. 1-3/State.
This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs:-
"a) To allow this petition by issuing appropriate writ, direction or order and to direct the respondents to not to carry out any demolition activity in relation to land and building situated at Survey No. 740, Kasba Ujjain, Juna Somwariya, Ujjain, District- Ujjain (M.P.), admeasuring 0.6580 Hectare, without following due process of law; and b) To direct the respondents not to dispossess the petitioner from the above mentioned land, without following due process of law, which the petitioner is holding as valid title holder;
and c) To direct the respondents to comply with the di
Procedural due process must be adhered to in property demolition cases, as per S.406 of the A.P Municipal Corporation Act.
The central legal point established in the judgment is the requirement for due process of law, including giving notice, in cases of property encroachment and demolition.
Demolition of residential structures requires adherence to due process and cannot occur without notice and an opportunity to be heard, ensuring rights under Article 300-A are protected.
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