RAJKISHORE HARDIA Vs. STATE OF M.P.

JUDGEMENT

(1.) THESE two petitions have been filed separately alleging public interest by two citizens on the basis of an apprehension that the buildings mentioned in M.P. No. 1442 of 94, house No. 24, 25, 26 and 27 in Chhota Sarafa is likely to be demolished without following the process of law as the other buildings in the locality have been demolished by the Corporation without following the due process of law. The other apprehension is in respect of a building known as 'Dawa Bazar', Kibe Compound is likely to be demolished without observing the due process of law. The foundation for the apprehension as stated in the petitions is that a Minister in the Government has declared so in the public to get the buildings demolished and, therefore, a prayer for injunction against the Municipal Corporation is sought.

(2.) IT is undisputed by the petitions itself that no notice has been served by the Municipal Corporation on the owners or occupiers of these buildings as envisaged under the law. Therefore, it is based only on an apprehension or some newspaper statements. The petitions are based merely on the apprehension that the due procedure of law shall not be followed.

(3.) WE hope and trust that the authorities concerned shall follow the prescribed procedure under the law and the Rules before initiating any action in respect of the buildings mentioned in the petitions. If there may he any specific grievance of any person in respect of violation of law, he shall always be free to approach this Court, but this Court cannot issue any directions only on the has is of apprehension taking into consideration the alleged earlier actions of the Corporation or authorities in demolishing the buildings without following the due procedure of law.