FARHA Vs. INDORE MUNICIPAL CORPORATION

JUDGEMENT

(1.) The appellants/petitioners have filed the present Writ Appeal against the order dtd. 28/2/2022 whereby W.P. No.6325/2021 has been finally disposed of.

(2.) Learned senior counsel appearing for the appellants/petitioners submits that by way of the writ petition the petitioners sought the relief to the effect that the respondents be restrained to the removal of scrap material and valuable household items from their land but the Writ Court has granted the contrary relief by directing the petitioners to remove the scrap material and valuable items from the site, hence the petitioners are before the Division Bench of this High Court.

(3.) According to the petitioners, Indore Municipal Corporation issued the notice u/s. 307 of the M.P. Municipal Corporation Act, 1956 for demolishing of illegal construction of restaurant and shop. Thereafter, on 4/1/2020 the respondents demolished the construction and left the scrap material on the land in question, which is lying there for almost one year. On 11/3/2021, the respondents have sent dumpers and trucks for picking up the scrap material and household belongings to the petitioner without issuing any prior notice to the petitioners. The petitioners have made a complaint on CM Helpline. Petitioner No.1 has also preferred a civil suit before the District Court, Indore along with an application under Order 39 Rule 1 and 2 of C.P.C. which is pending for consideration. Hence, the writ petition was filed which came up for consideration on 28/2/2022 and it was disposed of on a submission made by the counsel for the respondents that they have no objection to the removal of scrap material and valuable household belongings to the petitioner from the site. The Writ Court has directed the petitioners to remove the scrap and valuable items from the site within a period of six weeks.