SUNITA Vs. HOME DEPARTMENT

JUDGEMENT

(1.) Petitioner in this writ petition under Article 226 of the Constitution of India; styling to be owner of the property in question whereupon according to him, he has raised construction as per sanctioned lay out by Town and Country Planning Department and the building permission given by the Municipal Corporation, Dewas.

(2.) Petitioner claims to have taken by surprise having been served with three notices of the same date, i.e., 20/12/2019 (Annexures P/9, P/10 and P/11) whereunder he has been called upon to remove the unauthorized construction in an area admeasuring 245.32 sq.mtrs., In the first two notices, it is alleged that the petitioner has raised construction without building permission and called upon to remove the unauthorized construction within three days failing which the action shall be initiated under rule 7 of the Madhya Pradesh Bhumi Vikas Niyam (Amended Rules) dated 01/06/2012. In the third notice, it was mentioned that the petitioner has raised eight shops and covered the front area with a tin shed allegedly illegal construction and without permission of the competent authority therefore, called upon to remove the same within twenty-four hours.

(3.) According the petitioner, no time has been given for submission, opportunity of hearing and verification as well as compounding. Be that as it may, if what petitioner says is correct, this writ petition is disposed of with the following directions: