SHAKUNTALA Vs. NAGAR PARISHAD

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India, the petitioners have challenged the order dtd. 5/12/2024 [Annexure P/1] passed by the Chief Municipal Officer, Nagar Parishad, Thandla, District Jhabua whereby they have been directed to remove their construction (encroachment) within a period of five days stating that else the same would be removed in exercise of power under the provisions of M.P. Municipalities Act, 1961.

(2.) Learned counsel for the respondent as well as intervenor have raised an objection as regards maintainability of the petition on the ground of availability of alternate remedy to the petitioners to challenge the impugned order by preferring an appeal under Sec. 308 of the Act, 1961 before the Collector. As per Sec. 308 any person aggrieved by any notice or order or other action taken by the Chief Municipal Officer may prefer appeal to the Collector against such order.

(3.) Such appeal may intra alia be preferred against the order passed under Sec. 187 of the Act also. Sec. 308 of the Municipalities Act, 1961 reads as under: