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1 WP-37713-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

WP No. 37713 of 2025

(MARLIN BUILDCON PVT LTD THROUGH SATPAL SINGH Vs MUNCIPAL CORPORATION AND OTHERS )

Dated : 05-02-2026

Shri Pramod Thakre - Advocate for petitioner.

Shri Suyash Mohan Guru - Deputy Solicitor General with Shri

Hindesh Pal - Advocate for respondents No.1 and 2.

Shri Lal Ji Kushwaha - Advocate for the respondent No.3.

In pursuance to the order dated 27.01.2026, Ms. Sanskriti Jain,

Commissioner, Municipal Corporation Bhopal is present before this Court.

The counsel for respondents has pointed out that they are filing an affidavit

tendering unconditional apology; however, the said affidavit is not filed

when the matter was taken up even in the second round and even by 4.30

p.m.

When the case was taken up in the first round, the counsel for

respondent-Corporation was put a specific question that whether the property

which has been demolished by the respondents illegally can be restored by

them. He took some time to have a discussion with the authorities and

requested to take up the matter at 4.30 p.m. The counsel as well as the

Commissioner, Municipal Corporation Bhopal, who is present before this

Court, has stated that demolition of the property was justified because it was

an illegal construction. The sanction granted for construction of property was

already cancelled by the authorities vide order dated 07.11.2024 and

thereafter, the notice dated 14.05.2025 was issued to the petitioner and

Signature Not Verified

Signed by: VINOD

VISHWAKARMA

Signing time: 05-02-2026

19:05:07

2 WP-37713-2025

thereafter the entire action has been taken against the petitioner and front

portion of MOS constructed by the petitioner contrary to the sanction, has

been demolished on 18.11.2025. She further submits that as the construction

was illegal, therefore, the property cannot be restored. Her statement is

placed on record.

This Court has already passed two detailed orders on 23.01.2026 and

27.01.2026 after considering all the arguments raised before this Court by the

respondents. On 27.01.2026, the Commissioner, Municipal Corporation

Bhopal was heard through video conferencing. The entire arguments were

dealt with by the Court and the Court arrived at a conclusion that demolition

of front portion of MOS constructed by the petitioner was illegal and

contrary to the directions given by the Hon'ble Supreme Court in the case of

Directions in the Matter of Demolition of Structures (In Ref.) reported in

(2025) 5 SCC 1.

This Court was ready to accept the unconditional apology tendered

orally before this Court on the concession that the demolished portion of the

property should be restored by the authorities. However, after detailed

discussions, they have categorically stated before this Court that the

demolition cannot be restored.

The Hon'ble Supreme Court in the case of Directions in the Matter of

Demolition of Structures (In Ref.) (supra) has laid down certain guidelines,

particularly Guidelines No. 94.5, 94.7, 94.8, 94.8, 94.9, 94.10 and 94.11,

which are important, read as under :-

...

94.5. The notice shall contain the details regarding: (a) The nature of

the unauthorised construction. (b) The details of the specific violation

Signature Not Verified

Signed by: VINOD

VISHWAKARMA

Signing time: 05-02-2026

19:05:07

3 WP-37713-2025

and the grounds of demolition. (c) A list of documents that the noticee

is required to furnish along with his reply. (d) The notice should also

specify the date on which the personal hearing is fixed and the

designated authority before whom the hearing will take place.

..

B. Personal hearing

94.7. The designated authority shall give an opportunity of personal

hearing to the person concerned.

94.8. The minutes of such a hearing shall also be recorded.

C. Final order

94.9. Upon hearing, the designated authority shall pass a final order.

94.10. The final order shall contain: (a) The contentions of the noticee,

and if the designated authority disagrees with the same, the reasons

thereof. (b) As