SHANKAR LAL TANWANI Vs. STATE OF M.P.

JUDGEMENT

(1.) Present petition under Article 226 of the Constitution of India has been filed by the petitioner being aggrieved by the impugned notice dtd. 2/6/2025 (Annexure P-1), whereby petitioner has been directed to remove illegal construction within three days and in case, such construction is not removed, the Municipality shall remove the same and initiate penal action.

(2.) It is submitted by learned counsel for the petitioner that impugned notice is in the form of order, that was issued by the authorities without giving any opportunity of hearing. Petitioner is having all the requisite documents to demonstrate before the authorities, however, chance is not given by the respondent Municipality and the petitioner could not satisfy and submit his defence before the authorities and prayed that in case, such chance is given, the petitioner shall submit all the requisite documents and satisfy the authorities in regard to alleged illegal construction.

(3.) In the wake of submissions made by petitioner's counsel, petition is disposed of with directions to the Municipality that in response to Annexure P-1, petitioner shall submit detailed reply along with all the requisite documents to demonstrate it bonafide and the Municipality shall give hearing to the petitioner and on the basis of reply and on satisfying, the Municipality shall pass appropriate orders. If any adverse order is passed, petitioner may be given 10 days time to file an appeal before the appellate authority. Till then, no coercive steps for demolishen be taken by the Municipality. It is further clarified that petitioner has an opportunity to raise all the grounds including the directions issued by Hon'ble Supreme Court in the case of In Re : Directions in the matter of demolishen of structures reported as 2024 SCC OnLine SC 3291 (Para No. 90 and 91) before the authority.