NAGAR PARISHAD, KAILARAS Vs. STATE OF M.P.

JUDGEMENT

(1.) All these writ petitions have been filed against demolition of 209 shops constructed by Municipal Council, Kailaras under the guise of encroachment. Writ Petition No.4900/2012 has been filed by Nagar Parishad, Kailaras and Writ Petition No.6950/2012 [Munabar Khan & Others vs. State of MP & Ors.], Writ Petition No.628/2013 [Omprakash Garg & Others vs. State of MP and Ors.] and Writ Petition No.633/2013 [Devkriprasad Bansal & Another vs. State of MP and Ors.] have been filed by shopkeepers who had granted shops on lease. Because common questions of law and facts are involved in all these writ petitions, hence, they are heard together and being disposed of by this common order.

(2.) Nagar Parishad, Kailaras pleaded in the petition [Writ Petition No.4900/2012] that it had constructed shops in between 19821985, permission had been taken from the State Government before construction of shops. The shops were leased out to different persons. Without giving any notice or following the procedure prescribed under Section 248 of M. P. Land Revenue Code [hereinafter referred to as "the Code''], the shops were demolished. Videography was also made by Nagar Parishad at the time of demolition of 209 shops. Local administration imposed Section 144 of Code of Criminal Procedure so that the shopkeepers or public could not raise their demands against illegal demolition of shops. There was no encroachment at all and the shops were constructed over the land of Municipal Council and they were in existence for the last 3235 years.

(3.) The Chief Municipal Officer, Kailaras on 14052012 wrote a letter that due to demolition of shops without any proper notice an economic crisis was created. The Chief Municipal Officer asked information from the Executive Engineer, Public Works Department to the effect as to what was the total area of the land of Public Works Department which was encroached upon by the Municipal Council and why earlier, the Public Works Department had not taken any action. Another letter dated 14052012 was written by the Chief Municipal Officer to the Deputy Director, Urban Administration & Development Department, Gwalior and Chambal Division, Gwalior and also to the Senior Divisional Engineer (North) North Central Railway, Office of Divisional Manager ( Works), Jhansi in this regard.