NARENDRA NAMDEO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission and interim relief.

(2.) The petitioners are aggrieved by the notices dtd. 22/11/2022 (Annexure-P/6) by which the petitioners have been asked to remove their boundary/building walls of their land which are claimed to be taken over by the respondent Municipal Corporation in exercise of powers under Sec. 318 of the Municipal Corporation Act, 1956.

(3.) Learned counsel for the petitioners submits that earlier also similar notices were issued by the Corporation. Now again same notices have been issued to the petitioners wherein decision of encroachment has already been taken. He further submits that in pursuance to the notices, no reply was filed as the corporation had already took a decision that since no construction is being made in a particular land, therefore, no action will be taken. Now, the fresh notices have been issued whereby no opportunity of hearing was granted to the petitioners and direction has been issued to remove the construction, failing which the same shall be demolish within seven days by the Municipal Corporation at the cost of the petitioners. He further pointed out that in identical matter i.e. W.P. No. 27687/2022, interim order was passed to the effect that no coercive action shall be taken against the petitioners pursuant to the impugned notice dtd. 22/11/2022.