INDU HUKWANI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this petition against the order dt.26.05.2011 (Annexure P/17) passed by the Chief Municipal Officer, Municipal Council, Dabra. By the aforesaid order, the authority has directed the petitioner to remove construction over the portion of the land area 20 ft. x 22.9 ft. treating it as encroachment.

(2.) EARLIER the petitioner had also filed a petition. This Court disposed of the petition with the direction to the Chief Municipal Officer to consider the representation/ objection of the petitioner. Thereafter, the authority passed the impugned order after hearing the petitioner.

(3.) THE respondent Municipal Council in its reply pleaded that as per the sale deed, there was no vacant place at the southern side of the plot of the petitioner because adjacent to the aforesaid place there was a property of Mr. Ramsewak Tiwari. The petitioner illegally constructed one house measuring 20 ft x 20 ft at the southern side. The total length of the house of the petitioner was 66.3 ft. x 20 ft., which was not possible. When the authorities measured the place, it was found that the petitioner had encroached over the public road of 22 ft. Thereafter, a show cause notice was issued to the petitioner and after considering the reply of the petitioner, the authority passed the order. As per the master plan, the width of the road is 50 ft. The petitioner raised construction contrary to the permission granted to the petitioner. The respondent also pleaded that the encroachment made by the petitioner is clear from the map of the area and photographs.