Madhya Pradesh High Court
Ashraf Khan vs The State Of Madhya Pradesh on 14 May, 2025
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2025:MPHC-IND:12794
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 14th OF MAY, 2025
WRIT PETITION No. 17735 of 2025
ASHRAF KHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Makbool Ahmad Mansoori, learned counsel for the petitioner.
Ms. Mradula Sen, learned Govt.Advocate for the respondents/State.
ORDER
By this petition preferred under Article 226 of the Constitution of
India, the petitioner has prayed for the following reliefs:-
"It is therefore prayed, that petition may kindly be allowed and by
issuing an appropriate writ, direction or order, the respondents
may kindly be restrained from demolishing the construction raised
upon the disputed property And/ alternatively before initiating any
action respondents may kindly be directed to comply the
directions issued by the Hon'ble Apex Court in the matter of
DEMOLITION OF STRUCTURE 2024 Scconline SC 3291 and
any other relief which this Hon'ble Court may deems fit may
kindly be granted in favour of the petitioner."
02. Learned counsel for respondent No.2 submits that action in the
matter against the petitioner would be taken by following due process of
law.
03. The Apex Court in the case of In Re: Directions in the matter of
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demolition of structures, Writ Petition (Civil No.295/2022) by judgment
dated 13.11.2024 has laid down the procedure which is required to be
followed in the matter of carrying out demolitions. The relevant part of the
order is as under:-
"90. In order to allay the fears 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 unauthorized 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.
A. NOTICE
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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
as soon as the show cause notice is duly served, intimation thereof
shall be sent to the office of Collector/District Magistrate of the
district digitally by email and an auto generated reply
acknowledging receipt of the mail should also be issued from the
office of the Collector/District Magistrate. The Collector/DM shall
designate a nodal officer and also assign an email address and
communicate the same to all the municipal and other authorities in
charge of building regulations and demolition within one month
from today.
v. The notice shall contain the details regarding:
a. the nature of the unauthorized construction.
b. the details of the specific violation and the grounds of
demolition.
c. a list of documents that the noticee is required to furnish
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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;
vi. Every municipal/local authority shall assign a designated
digital portal, within 3 months from today wherein details
regarding service/pasting of the notice, the reply, the show cause
notice and the order passed thereon would be available. B.
PERSONAL HEARING
i. The designated authority shall give an opportunity of
personal hearing to the person concerned.
ii. The minutes of such a hearing shall also be
recorded.
C. FINAL ORDER
i. Upon hearing, the designated authority shall pass a final
order.
ii. 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 to whether the unauthorized construction is
compoundable, if it is not so, the reasons therefor;
c. if the designated authority finds that only part of the
construction is unauthorized/non-compoundable, then the details
thereof.
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d. as to why the extreme step of demolition is the only
option available and other options like compounding and
demolishing only part of the property are not
available.
D. AN OPPORTUNITY OF APPELLATE AND
JUDICIAL SCRUTINY OF THE FINAL ORDER.
i. We further direct that if the statute provides for an
appellate opportunity and time for filing the same, or even if it
does not so, the order will not be implemented for a period of 15
days from the date of receipt thereof. The order shall also be
displayed on the digital portal as stated above.
ii. An opportunity should be given to the owner/occupier to
remove the unauthorized construction or demolish the same within
a period of 15 days. Only after the period of 15 days from the date
of receipt of the notice has expired and the owner/occupier has not
removed/demolished the unauthorized construction, and if the
same is not stayed by any appellate authority or a court, the
concerned authority shall take steps to demolish the same. It is
only such construction which is found to be unauthorized and not
compoundable shall be demolished.
iii. Before demolition, a detailed inspection report shall be
prepared by the concerned authority signed by two Panchas.
E. PROCEEDINGS OF DEMOLITION
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i. The proceedings of demolition shall be video-graphed,
and the concerned authority shall prepare a demolition report
giving the list of police officials and civil personnel that
participated in the demolition process. Video recording to be duly
preserved.
ii. The said demolition report should be forwarded to the
Municipal Commissioner by email and shall also be displayed on
the digital portal."
04. It is hence directed that in case any action is proposed to be taken
by respondent No.2 against the petitioner, the same shall be done only by
following the procedure as laid down by the Apex Court as above.
With the aforesaid directions, petition stands disposed off.
(PRANAY VERMA)
JUDGE
patil
