RAM BHAROSE SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner by this petition has challenged the action of the respondents in constructing a road through his property known as Sone Ki Bagiya (Sona Ka Bada) situated in Lohiya Bazar, Lashkar, Gwalior.

(2.) IT is the case of the petitioner that the entire property as mentioned in the petition is owned and possessed exclusively by the petitioner and he is entitled to enjoy the property as he has exclusive ownership rights over the said property. It is putforth by him that the respondents in the garb of public interest and public duty cannot construct public roads or drainage on the property of the petitioner without following the procedure contemplated under law for doing so.

(3.) ON notice being issued, except Respondent No. 2 and 3 nobody has filed the reply. The Respondent No. 2 and 3 have simply stated that on the basis of the decision taken by the Zila Yojna Board, the construction was undertaken. However, the respondents 2 and 3 do not dispute that the property in question belongs to the petitioner and it is not a public property nor is the property being acquired or takenover as per procedure precribed in law. Shri Bhardwaj Submits that illegal means are being used for the purpose of dispossessing the petitioner from the property in question.