MP High Court Pulls Up Then Gwalior Collector For Demolishing Shops Despite Interim Protection Order, Refrains From Initiating Contempt

The Gwalior bench of the Madhya Pradesh High Court in a plea against lease termination and subsequent demolition of certain shops in 2022 expressed its displeasure with the then Collector, Gwalior for "giving a lame excuse" that since he was not a party to the matter he was unaware about the court's interim order protecting the shopkeepers from dispossession. The high court while stopping short of issuing contempt to the official cautioned him not to repeat such an act in future.A division bench of Justice Sunita Yadav and Justice Milind Ramesh Phadke in its order said, "Though this court has not gone into the merits of the matter, but is constrained to observe the behaviour of the Revenue Authorities, specially the then Collector, Gwalior who had in total disregard of the interim order of this Court dated 09.07.2022 had carried out demolition activities on 02.08.2022". The high court observed that it had in its August 26, 2022 order directed the then Collector, Gwalior to submit a response to "demonstrate the course of events of demolition, which was carried out without taking leave of this Court". The court noted that the then Collector's reply gave a "very lame excuse that since none of the Revenue Authorities including him was a party to the Appeal, therefore, he was not in the knowledge" of the court's July 9 interim order directing that the appellants may not be "forcibly dispossessed". The bench further said that the explanation given by the then Collector is not "ingestible" as at the time of passing of the interim order the state was represented through Government Counsel. Secondly, the court noted that the appellants were "fighting from tooth and nail for their rights" when they were called by the then Collector on August 2, 2022 for talks, and so it was not possible that they would not have informed him (Collector) about the interim order or would not carry along with them the copy of the interim order."Since the matter pertains to the shop situated at bus stand Lashkar Gwalior, this Court presumed that it was very well within the knowledge of the Collector, Gwalior being the Revenue head of the district and even though he was having knowledge, he in total disregard of the command of this court had ordered the demolition of the shops, which is contemptuous," the court said. While observing that the then Collector's "act amounts to contempt", however the court while taking a "lenient view", cautioned the official directing him not to "repeat such an act in future". "Chief Secretary State of MP is directed to give the then Collector Gwalior a word of caution and advise him not to repeat such act which would be derogatory to the orders of this court and may cost him severely," the bench directed. BackgroundThe appellant who ran a shop had challenged a 2022 order of the single judge bench who had disposed of their writ petition in view of an order passed in a separate matter. The appellant contended that this other order on the basis of which their Writ Petition was disposed of was not applicable to the facts of the present case as in the other matter the lease of the concerned party had expired and was not renewed. The appellant contended that in their case the lease was in existence till April 25, 2027, but was cancelled on extraneous grounds. The appellant sought that the single judge bench's order be set aside and the lease termination order on November 22, 2021 be quashed.As per the facts, the November 2021 order terminated the lease alleging that the conditions of the agreement had been flouted and was thus liable for cancellation, with a further stipulation that the possession of the shop be handed over to the authorities within a period of 30 days, else there would be legal consequences. While issuing notice on the plea on July 9, 2022 the high court in its interim order directed the state authorities not to "forcibly dispossess the appellants". During the course of hearing on August 2, 2022, the officials of the Respondent State allegedly demolished the shops. The court in its August 26, 2022 order directed that "till further orders no construction activity or further dispossession/demolition shall take place". The court had also made it clear that even the debris which were lying on the spot shall not be removed without its permission and status quo as it exists shall be maintained by the parties.The high court had then also directed the then Collector to file his response about the course of events of the demolition undertaken without the court's permission.The then Collector, district Gwalior filed a reply on September 15, 2022 stating that since the Revenue Authorities of State of Madhya Pradesh–including the "Collector, Gwalior and SDO Jhansi Road were not made party to the matter, they were not aware of the proceedings. It was claimed that since the appellant did not supply a copy of the relevant order to them, "ignorantly direction to demolish some of the shops possessed by the...

MP High Court Pulls Up Then Gwalior Collector For Demolishing Shops Despite Interim Protection Order, Refrains From Initiating Contempt

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