MASTRAM GHOSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been listed on the basis of mentioning memo allowed by the Division Bench-I today itself.

(2.) Learned counsel for the petitioners submits that the petitioners have sustained grievance/apprehension that their properties mentioned in Para- 5.9 of the writ petition may be demolished any time without giving any prior notice or following the mandatory provisions of Municipal Corporation Act, 1956. In order to substantiate his apprehension, learned counsel for the petitioners submits that earlier a notice was issued in respect of one of the properties namely Marriage Garden, which was issued on 7/3/2024. Sandhya, one of the family members of the petitioners filed W.P. No.6643/2024 in which following directions were issued on 14/3/2024 by the learned Single Bench:-

(3.) While disposing of the aforesaid petition, the aforesaid directions were issued on 14/3/2024. Direction No.(d) was evident that for a period of 15 days, no coercive action was to be taken in furtherance of notice dtd. 7/3/2024 and in case, the petitioner chose to prefer an appeal, no action shall be initiated on the basis of notice dtd. 7/3/2024 till expiry of 7 days from the date of communication of orders, if any passed by the Appellate Authority. Despite the aforesaid directions, demolition of Marriage Garden has taken place on 18/3/2024, against which, the Contempt Petition No.1131/2023 has already been filed and notice has been issued today itself.