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Madhya Pradesh High Court
Smt Kamladevi Rai vs Indore Municipal Corporation Through ... on 26 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:5764
1 WP-7610-2026
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. 7610 of 2026
SMT KAMLADEVI RAI
Versus
INDORE MUNICIPAL CORPORATION THROUGH COMMISSIONER
AND OTHERS
Appearance:
Shri Shantanu Sharma - Advocate for the petitioner
Shri. Amol Srivastav - Advocate for the respondents.
ORDER
By this petition preferred under Article 226 of the Constitution of
India, the petitioner has prayed for the following reliefs :-
"(i) By issue of an writ in the nature of
Mandamus or Certiorari or any other appropriate writ as
court may deem fit to restrain the Respondent
Authorities from taking any coercive action against the
petitioner in garb of the impugned order dated
24/02/2026.
(ii) By issue of an appropriate "writ, direction or
order, to quaash the impugned order dated 24/02/2026
(Annexure P/1) issued to the petitioner, by the
respondent authorities and to release the property of the
NEUTRAL CITATION NO. 2026:MPHC-IND:5764
2 WP-7610-2026
petitioner by removing the seal.
(iii) Any other relief which this Hon'ble Court
deems fit be
granted to the petitioner.
(iv) The cost of this petition to be awarded to
the petitioner. "
2. Learned counsel for the petitioner submits that under the garb of the
order dated 24.02.2026, the respondents have sealed the property of the
petitioner situated at Plot No. 31, Samar Park Colony, Zone No.22, Ward
No.36, Nipaniya Indore, despite the fact that the petitioner is having all the
required permissions from the respondent Indore Municipal Corporation and
have given 15 days time to vacate the premises and remove the construction
else the property will be demolished. The copy of the order dated
24.02.2026 is annexed as Annexure-P-1. The petitioner is a 81 years old
widow lady who is being harassed by the respondents From the date of
purchase of the said property, the petitioner is regularly paying the property
tax. Copy of the property tax receipt is annexed as Annexure-P-3. On receipt
of the building permission from the respondents Department, the petitioner
started the construction work on the said plot. Thus, after completion of the
construction work the petitioner also applied for compounding before the
respondent Department. The compounding was sanctioned and the amount
of compounding was also deposited by the petitioner on 28.01.2022.
3. The learned counsel for the respondent submits that the certain
portions of the property are compoundable and therefore necessary
NEUTRAL CITATION NO. 2026:MPHC-IND:5764
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inspections is necessary to clear the objections and to proceed further.
4. In light of the aforesaid, the petitioner shall appear before the
Building Officer on 10.03.2026 positively along with the objections and the
appropriate documents to substantiate the proposal for compounding. The
Building officer is free to decide all the objections as permissible under the
law. He may thereafter pass a final order in accordance with law.
5. It is made clear that till final order is passed in respect to the
petitioner, no coercive steps shall be taken against the petitioner. The
petitioner shall be allowed to operate the business run in the suit building till
final decision is taken. In case the final order is against the petitioner, then
she shall be afforded breathing time of ten days for challenging the order, in
accordance with law.
6. With the aforesaid, without expressing any opinion on merits, the
instant petition stands disposed off.
Certified copy as per rules.
(JAI KUMAR PILLAI)
JUDGE
rashmi
