BEERANLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE case of the petitioner was that without making a proper survey of his house, on a survey report relating to adjoining house which belongs to the brother of the petitioner, with mala fide intentions and absolute indifference the Corporation Authorities with the help and assistance of the administration and police, demolished the house of the present petitioner and by the petition, the petitioner has sought compensation to the extent of Rs. One Lac. Notices were issued to the other side. The State and their authorities, as usual, were indifferent and did not propose to take part in the proceedings.

(2.) SHRI Khare appeared for the respondents No. 2 and 3. Looking to the nature of the dispute, the team which had surveyed the Earth Quake Affected Houses was asked to submit its report. The officers of PWD who made the survey filed their affidavits. It was found that the allegations made by the petitioner were incontrovertible. It floated on the surface that house of Pooran Lal Koshtha was surveyed, but house of Beeran Lal Koshtha was demolished. Counsel for the Corporation was asked as to what the Corporation was proposing to do in a case · where because of their inappropriate and inadvertent act, the petitioner had suffered losses.

(3.) SHRI R.L. Gupta, learned counsel for petitioner submits that not only the house suffered the damages, but the wearing apparels, cooking vessels and other articles which were lying in the house also suffered serious damages therefore, the petitioner is entitled to compensation.