IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE JAI KUMAR PILLAI

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ON THE 24 OF FEBRUARY, 2026 WRIT PETITION No. 6591 of 2026 SMT. KRISHNA THAPA AND OTHERS Versus THE STATE OF MADHYA PRADESH THORUGH PRINCIPAL SECRETARY DEPARTMENT OF HORTICULTGURE AND FOOD PROCESS AND OTHERS Appearance:

Shri Pourush Ranka - Advocate for the petitioner.

Shri Ayushyaman Choudhary - Govt. Advocate appearing on behalf of Advocate General[r-1].

ORDER

1. This writ petition has been filed by the petitioners under Article

226 of the Constitution of India challenging the order dated 13.02.2026 issued by Respondent No.2- Garden Superintendent, Kothi Nursery, District Ujjain, which is a notice directing the petitioners to remove the unauthorised construction of the house and boundary wall constructed in the government land.

2. It is contended by learned counsel for the petitioners that in the said notice that the unauthorised construction shall be removed within a period of three days, failing which the authorities shall proceed ex-parte for removing the same. Counsel for the petitioner has invited the attention of this Court to the similar order dated 04.08.2025 passed by this Court in the case of Vinita Tripathi vs. The State of Madhya Pradesh (W.P. No.31156/2025), wherein this Court has protected similarly situated petitioners.

3. 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 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, without entering into the merits or the entitlement of the petitioners, this Court is inclined to dispose of this petition with a direction to the respondents to adhere to the directions spelt in in Para No.90 and 91 of the order passed by the Supreme Court in 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 a