USHA KATARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed assailing the show cause notice dtd. 30/12/2025 directing for demolition of the property constructed by the petitioner on a drain.

(2.) It is the case of the petitioner is a retired Teacher. She is permanent resident of Bazaria Ward No.3, Hajari Ki Taliya, Ranipura, Damoh District Damoh. The petitioner's forefather-in-law Dharamdas Kori by the name of father-in-law Shobaram had purchased the plot admeasuring 20 x 15 land from its previous owner Bari Bahu and Nathu daughter and son of Bhagwandas Kori in the year 8/3/1968. After the purchase of the said plot the forefather-in-law Dharamdas's name was entered in the Maintenance Khasra 1978-79, the plot No.1558 area 0.11 hectare. A house was constructed by the father-in-law of the petitioner upon the said plot during his life. After the death of father-in-law, the said house was transferred in the name of petitioner's husband Jagdish Prasad Kataria. The petitioner has constructed three story house upon it. The petitioner along with her son and family are residing in the house.

(3.) It is submitted that in front of the house of the petitioner, there is a drainage line and the petitioner's house is constructed upon the drainage line which is about 2 feet width. The respondent No.3 on 30/12/2025 has issued a notice to the petitioner alleging therein that the petitioner has violated the provisions of Sec. 223(1) of M.P. Municipal Corporation Act, 1961. It is submitted that the respondent No.3 intend to demolish the petitioner's house to create widening of drainage line whereas the petitioner's house is constructed more than 60 years prior to construction of drainage line. It is pointed out that in case, the house is being demolished, the entire building will be collapsed which will cause great hardship to the petitioner. Under these circumstances, the petitioner is seeking a relief restraining the respondents from taking any coercive action including demolition against the petitioner's residence pending adjudication of this petition. Hence, this petition.