MEHRAJ BEE Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition the petitioner has challenged the notice dated 31.12.2019 (Annexure P/1) issued by the Secretary of the Gram Panchayat - Kanchan Khedi.

(2.) The case of the petitioner is that she is the owner of Survey No.100/1/2 situated at village Arniya Gurjar, Patwari Halka No.51 Tehsil Piploda. Further case of the petitioner is that a part of the land has been got diverted and a motel has been constructed by the petitioner thereon. By the impugned notice the petitioner is required to produce the building permission.

(3.) Learned counsel appearing for the petitioner submits that the order of the SDO dated 8.3.2018 diversion of the land was done and in terms of Rule 3 of the M.P. Gram Panchayat (Power Relating to Removal of Structure and Trees) Rules, 1999, at least 15 days notice was required to be given and that the Secretary of the Panchayat has no power to issue such a notice.