LAWS(MPH)-2018-3-140

ASHOK KHATTAR Vs. THE STATE OF MADHYA PRADESH

Decided On March 13, 2018
Ashok Khattar Appellant
V/S
The State of Madhya Pradesh Respondents

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court challenging the communication dated 12.09.2017 and the order dated 27.12.2017 whereby petitioner was called upon to remove the encroachments failing which encroachments shall be removed by the Municipal Council.

(2.) Petitioner was given a notice on 12.09.2017 that petitioner is raising unauthorized construction and that such unauthorized construction is in violation of Section 187(8) and Section 223 of the Madhya Pradesh Municipalities Act, 1961. The petitioner was called upon to submit reply to said show cause notice.

(3.) The stand of the petitioner in the reply was that the petitioner has applied for lease of land bearing Khasra No.1507/Ka/1 measuring 10 x 15 feet to Nazul Officer, Umariya and that petitioner has a right to obtain lease of such land in terms of Section 162 of the Madhya Pradesh Land Revenue Code, 1959 as amended by Madhya Pradesh Act No.34 of 2013.