HAJI IMAM KHAN Vs. NAGAR PARISAD

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of Constitution of India challenging notice dtd. 29/12/2023 (Annexure P/1) whereby he has been directed to remove the illegal construction within seven days; failing which, the same shall be removed under the provisions of Sec. 187 read with Sec. 223 of Madhya Pradesh Municipalities Act, 1961.

(2.) Learned counsel for the petitioner submits that the petitioner has been directly served with demolition notice, without giving any opportunity of hearing; otherwise, the petitioner would have satisfied that the construction is not illegal.

(3.) Shri Tiwari submits that Nagar Parishad, Thikri, District Barwani is going to restore 30 ft. wide road, which is already recorded in the revenue records of the Council in which the petitioner and others have encroached by way of illegal construction.