Smt. Mamta Singh vs Municipal Corporation on 4 May, 2026

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

         NEUTRAL CITATION NO. 2026:MPHC-JBP:34681




                                                             1                              WP-16016-2026
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                    ON THE 4 th OF MAY, 2026
                                                WRIT PETITION No. 16016 of 2026
                                                  SMT. MAMTA SINGH
                                                        Versus
                                          MUNICIPAL CORPORATION AND OTHERS
                          Appearance:
                                  Shri Amit Khatri, learned counsdl for the petitioner.
                                  Shri Gurdeep Singh Wadhwa, Shri Jai Shukla and Shri Rahul Diwakar,
                          learned counsel for the respondent/Intervenor.

                                                                 ORDER

This petition under Article 226 of the Constitution of India is filed for following reliefs:-

"(i) Issue an appropriate writ, order or direction, and quash and set aside the impugned final notice/order dated 23.04.2026 issued by Respondent No.2; (Annexure P/1).

(ii) Direct the respondents to reconsider the reply submitted by the petitioner in accordance with law after granting proper opportunity of hearing;

(iii) Hold and declare that the repair and renovation work being carried out by the petitioner does not amount to unauthorized construction within the meaning of the M.P. Municipal Corporation Act, 1956;

(iv) Grant any other relief, including costs of the petition, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Learned counsel for the petitioner proposes not to pursue the other reliefs. He requests that the operation of impugned final notice dated

NEUTRAL CITATION NO. 2026:MPHC-JBP:34681

2 WP-16016-2026 23.04.2026 (Annexure P/1) be stayed, until the Municipal Authorities determine the area of alleged illegal construction and accord an opportunity of hearing to the petitioner, the petitioner proposes not to continue construction on the disputed site.

3. Learned counsel appearing for the Municipal Corporation, Jabalpur submits that the Municipal Authorities have acted in accordance with law and given notice to the petitioner for stopping her illegal construction, but the petitioner continued with the construction. If the petitioner maintains the status quo, the Municipal Authorities shall stay the operation of notice dated 23.04.2026, until the area of illegal construction is demarcated and specified.

4. Considered.

5. In view of the above submission, the writ petition is disposed of

with the following directions that:

i. The operation of final notice dated 23.04.2026 (Annexure P/1) issued for removal of construction without specifying the area of illegal construction is stayed.

ii. The respondents Municipal Corporation, Jabalpur shall, within a week, conduct a fresh inspection of the disputed site to demarcate and specify the area of alleged illegal construction, if any.

iii. The petitioner shall cooperate in the inspection proceedings and shall submit the approved map showing the construction already done by her predecessor-in-title or the Housing Board in accordance with law.

NEUTRAL CITATION NO. 2026:MPHC-JBP:34681

3 WP-16016-2026 iv. Once, the area of construction against the rules/approved map (if any) is determined, the Municipal Corporation shall give a notice in accordance with law, granting seven days time to the petitioner to respond. Thereafter, the Municipal Corporation may, after considering any objection/reply submitted by the petitioner, take appropriate action in accordance with law.

v. Both the parties are directed to maintain status quo until the demarcation proceedings is conducted by Municipal Corporation as stated above.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE