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Madhya Pradesh High Court
Suresh Kumar vs Indore Municipal Corporation on 26 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:5734
1 WP-7261-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 26th OF FEBRUARY, 2026
WRIT PETITION No. 7261 of 2026
SURESH KUMAR
Versus
INDORE MUNICIPAL CORPORATION AND OTHERS
Appearance:
Shri Durgesh Sharma - Advocate for the petitioner
Shri Amol Shrivastava - Advocate for the respondent No.1.
ORDER
The present writ petition under Article 226 of the Constitution of India
is filed by the petitioner seeking for the following reliefs :-
" a) Quash and set aside the impugned notice/ order
dated 17/02/2026 passed by respondent no. 2 (Annexure
P-2).
b). Direct respondents no. 1 & 2 to consider the
representation / objection dated 19/02/2026 (Annex.P-3)
filed by petitioner and comply with the principles of
natural justice and pass detailed and speaking order after
granting opportunity of hearing to petitioner.
c). Allow this petition with costs.
d). Any other further orders as deemed fit to this
Hon'ble Court in the facts and circumstances of the case
may kindly be passed in favour of the petitioner."
2. The contention of the petitioner is that he is a tenant in the ground-
floor of the so called dilapidated building carrying out the business in the
name and style of "M/s Paras Cloth Centre".
3. The petitioner is aggrieved by the show cause notice dated
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17.02.2026 (Anenxure-P-2) which is under Section 309 of the Madhya
Pradesh Municipal Corporation Act, 1956 issued collectively to the owner
and the occupant (tenant) of the so called dilapidated building .
4. Learned counsel for the petitioner submits that the Division Bench
of this Court in number of cases have decided the said issue and passed the
orders wherein the provisions of Section 310 has been relied upon which is
reproduced as under :-
"310. Removal of buildings in dangerous state.
(1) If, in the opinion of the Commissioner, any
building, wall, structure including under this expression
any building, wall, parapet, pavement, floor, steps,
railings, door or window-frames or shutters or roof or
other structure and anything affixed to or projecting
from or resting on any building, wall, parapet or other
structure, or any tree standing thereon, is in dangerous
state, the Commissioner may by a notice in writing,
require the occupier or owner thereof forthwith either to
demolish or remove the building, wall, structure or any
such tree or cause such repairs to be made thereto as he
considers necessary for the public safety; and if the
danger appears to him to be imminent, he may forthwith
take such steps as may be required to avert such danger,
including the forcible removal without notice from such
building of all the occupiers thereof and their property.
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(2) Any expenses incurred by the
Commissioner under sub-section (1) shall be paid by
the owner of the building, wall, structure, or anything
affixed thereto.
(3) Except with the permission in writing of the
Commissioner no person shall without sufficient cause
enter into or remain in any building from which the
occupier and his property has been removed under sub-
section (1)."
5. In view of the same it is directed that let the petitioner shall file a
detailed reply before the respondents and the respondents shall comply with
the provisions as provided under Section 310 of the Madhya Pradesh
Municipal Corporation Act, 1956.
5. In the said circumstances, we direct the respondents not to take
any coercive steps till the decisions taken by the authorities and the
respondents shall afford an opportunity of hearing to the petitioner, who
shall substantiate his case before the respondents. The respondents after
hearing the objections shall pass a reasoned order .
6. Let the said exercise be completed within a period of 15 days
from the date of receipt of certified copy of this order.
7. The petitioner is directed to appear before the respondent No.2,
Building Officer, Indore Municipal Corporation, Indore on 27.02.2026 at
12:00 noon along with the relevant documents and shall file a detailed
objection which shall be taken on record and thereafter on receipt of the said
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objection the respondents shall decide his objection and pass a reasoned
order within a period of 15 days.
With the aforesaid observations, the petition stands disposed of.
Certified copy as per rules.
(JAI KUMAR PILLAI)
JUDGE
rashmi
