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Madhya Pradesh High Court Holds Proceeding Late At Night; Grants Interim Relief Against Demolition Of Alleged Illegal Construction
Zeeshan Thomas
4 Sep 2022 12:41 PM GMT
The High Court of Madhya Pradesh, Indore Bench conducted a proceeding at 9:10 pm on Saturday to hear a matter related to an alleged encroachment. Observing that prima facie it appeared that the Petitioner was not duly served with a proper notice to remove her alleged encroachment, the Court granted interim relief against the its demolition. Accordingly, the bench comprising...
The High Court of Madhya Pradesh, Indore Bench conducted a proceeding at 9:10 pm on Saturday to hear a matter related to an alleged encroachment. Observing that prima facie it appeared that the Petitioner was not duly served with a proper notice to remove her alleged encroachment, the Court granted interim relief against the its demolition.
Accordingly, the bench comprising of Justice Subodh Abhayankar restrained the Respondent Authorities from demolishing the building of the Petitioner till the next date of hearing-
On due consideration of the rival submissions and on perusal of the documents, which are available on record, this Court prima facie finds that since the petitioner has not been given a proper notice to remove her alleged encroachment, this ground in itself is more than sufficient to grant interim relief to the petitioner.
Accordingly, the impugned notice dated 31.08.2022 (Annexure P/1), issued to the petitioner for removal of her illegal constructions is hereby stayed; and the respondents are directed not to carry out any demolition activities on the petitioner's building till the next date of hearing.
The facts of the case were that the Petitioner was served upon with a notice to remove her alleged illegal construction. The Petitioner contended that her lease-deed was subsisting whereas the Respondent Authorities asserted that the same had expired. It was further claimed by the Authorities that the Petitioner had carried out construction on the open land and that only the aforesaid construction was being removed.
The Petitioner argued before the Court that the Petitioner was being deprived of her valuable right to defend her property which was being threatened to be demolished at a short ante-dated notice, as she was being directed to remove her alleged encroachment immediately.
Examining the submissions of parities and documents on record, the Court held that it was a fit case to grant interim relief to the Petitioner by restraining the Respondent Authorities from proceeding with the demolition of the alleged illegal construction.
The Court directed the Respondents to file their reply so that the Petitioner could filed her rejoinder along with additional documents, if necessary. The matter is listed for 08.09.2022.
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