Yash Seth vs The State Of Madhya Pradesh

Court: Madhya Pradesh High Court
Decided on: 07-04-2026

<div> NEUTRAL CITATION NO. 2026:MPHC-GWL:11445 1 WP-28069-2019 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 7 OF APRIL, 2026 WRIT PETITION No. 28069 of 2019 YASH SETH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance: Shri Prashant Sharma - Advocate for the petitioner. Shri K K Prajapati - Govt. Advocate for the respondent/State. Shri Purushottam Das Bidua - Advocate for the respondent [R-3]. ORDER This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:- "i. That, the respondent may kindly be restrained from creating any hindrance in the peaceful possession of the petitioner. ii. That, the respondent be further directed to not to erect the road over the property of the petitioner. Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted." 2. Learned counsel for the petitioner submits that respondent No. 3/ Municipal Corporation, Gwalior, has acted in an arbitrary and unlawful manner by demolishing the boundary wall constructed over a portion of land in the lawful possession of the petitioner, without issuing any prior notice or affording an opportunity of hearing. Such action has compelled the petitioner to approach this Hon’ble Court by way of the present petition. 3. It is further submitted that this Hon’ble Court, vide order dated Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/7/2026 6:48:46 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11445 2 WP-28069-2019 19.12.2019, after hearing the parties, was pleased to direct maintenance of status quo with respect to the property in question, and the said interim order continues to remain in force as on date. Learned counsel for the petitioner has also placed reliance upon the judgment of the Hon’ble Supreme Court in Re: Directions in the matter of demolition of structures, Writ Petition (Civil) No. 295 of 2022, reported in 2024 SCC OnLine SC 3291. It is contended that in paragraphs 90 and 91 of the said judgment, the Hon’ble Apex Court has laid down specific guidelines mandating adherence to due process of law, including issuance of prior notice and grant of reasonable opportunity before undertaking any demolition action. He quoted the said Paras which are reproduced as under:- "90. In order to allay the fears in the minds of the citizens with regard to arbitrary exercise of power by the officers/officials of the State, we find it necessary to issue certain directions in exercise of our power under Article 142 of the Constitution. We are also of the view that even after orders of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before an appropriate forum. We are further of the view that even in cases of persons who do not wish to contest the demolition order, sufficient time needs to be given to them to vacate and arrange their affairs. It is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens would not fall on the authorities if they hold their hands for some period. 91. At the outset, we clarify that these directions will not be applicable if there is an unauthorized structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law. A. NOTICE i. No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days' time from the date of service of such notice, whichever is later. ii. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be affixed conspicuously on the outer portion of the structure in question. iii. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/7/2026 6:48:46 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11445 3 WP-28069-2019 iv. To prevent any allegation of backdating, we direct that as soon as the show cause notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate of the district digitally by email and an auto generated reply acknowledging receipt of the mail should also be issued from the office of the Collector/District Magistrate. The Collector/DM shall designate a nodal officer and also assign an email address and communicate the same to all the municipal and other authorities in charge of building regulations and demolition within one month from today. v. The notice shall contain the details regarding: a. the nature of the unauthorized construction. b. the details of the specific violation and the grounds of demolition. c. a list of documents that the noticee is required to furnish along with his reply. d. The notice should also specify the date on which the personal hearing is fixed and the designated authority before whom the hearing will take place: vi. Every municipal/local authority shall assign a designated digital portal, within 3 months from today wherein details regarding service/pasting of the notice, the reply, the show cause notice and the order passed thereon would be available. B. PERSONAL HEARING i. The designated authority shall give an opportunity of personal hearing to the person concerned. ii. The minutes of such a hearing shall also be recorded. C. FINAL ORDER i. Upon hearing, the designated authority shall pass a final order. ii. The final order shall contain: a. the contentions of the noticee, and if the designated authority disagrees with the same, the reasons thereof: b. as to whether the unauthorized construction is compoundable, if it is not so, the reasons therefor: c. if the designated authority finds that only part of the construction is unauthorized/noncompoundable, then the details thereof. d. as to why the extreme step of demolition is the only option available and other options like compounding and demolishing only part of the property are not available. D. AN OPPORTUNITY OF APPELLATE AND JUDICIAL SCRUTINY OF THE FINAL ORDER. i. We further direct that if the statute provides for an appellate opportunity and time for filing the same, or even if it does not so, the order will not be implemented for a period of 15 days from the date of receipt thereof. The order shall also be displayed on the digital portal as stated above. ii. An opportunity should be given to the owner/occupier to remove the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/7/2026 6:48:46 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11445 4 WP-28069-2019 unauthorized construction or demolish the same within a period of 15 days. Only after the period of 15 days from the date of receipt of the notice has expired and the owner/occupier has not removed/demolished the unauthorized construction, and if the same is not stayed by any appellate authority or a court, the concerned authority shall take steps to demolish the same. It is only such construction which is found to be unauthorized and not compoundable shall be demolished. iii. Before demolition, a detailed inspection report shall be prepared by the concerned authority signed by two Panchas. E. PROCEEDINGS OF DEMOLITION 1. The proceedings of demolition shall be video-graphed, and the concerned authority shall prepare a demolition report giving the list of police officials and civil personnel that participated in the demolition process. Video recording to be duly preserved. ii. The said demolition report should be forwarded to the Municipal Commissioner by email and shall also be displayed on the digital portal. 4. It is further submitted that admittedly, the action of respondent No. 3 is wholly illegal and in clear violation of the principles of natural justice. Therefore, the respondent ought not to be permitted to demolish the structure situated on the land in question for the purpose of road construction without strictly adhering to the guidelines laid down by the Hon’ble Apex Court in the aforesaid judgment. Accordingly, it is prayed that the present petition may be disposed of with a direction to respondent No. 3 that in future if it desires to undertake the construction of a road, it shall comply with the directions contained in Paragraph 91 of the aforesaid judgment. 5. On the other hand, learned counsel for respondent No. 3, Shri Purushottam Das Bidua, submits that in view of the interim order of status quo passed by this Hon’ble Court, the proposed road construction undertaken by the Corporation has not been carried out as of date. It is further submitted that, in the event any such construction is undertaken in the future, the Corporation shall strictly adhere to the guidelines issued by the Hon’ble Apex Court in the case of Directions in the Matter of Demolition of Structures (supra) . Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/7/2026 6:48:46 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11445 5 WP-28069-2019 6. After hearing learned counsel for the parties and perusing the record, this Court finds that, following the initial demolition of the boundary wall, no further demolition of the structure on the land in question has taken place in light of the interim order passed by this Court. This indicates that the intended construction of the road over the said land has not been executed by the Corporation. 7. In view of the aforesaid facts and the guidelines laid down by the Hon’ble Apex Court in Directions in the Matter of Demolition of Structures (supra), particularly Paragraphs 90 and 91, this Court deems it appropriate to dispose of the present petition with a direction to the Municipal Corporation, Gwalior (respondent No. 3) that, in the event it undertakes any construction activity of road and for that proposes to demolish the structure standing over the land in question in the future, it shall strictly adhere to the aforesaid guidelines, and only thereafter proceed with any demolition. 8. With the aforesaid directions, the present petition stands disposed of. (MILIND RAMESH PHADKE) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/7/2026 6:48:46 PM</div>