After Four Years’ Interim Protection, MP HC Quashes Bhind Demolition Notices Over Alleged Footpath Encroachment, Allows Fresh Notices

The petitioners challenged municipal notices dated 24 and 25 March 2022 requiring removal of an alleged encroachment over a footpath and threatening coercive action.

The High Court had granted interim protection on 28 April 2022, which remained in force while the petition was pending.

The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution and relied on Articles 14 and 300-A, contending that State action affecting property must be lawful and non-arbitrary.

Its operative direction was that any fresh proceedings must be conducted in accordance with law, with a reasonable opportunity to be heard, consideration of the petitioners’ objections and documents, and a reasoned order.

The Court noted that the petition had been pending since 2022 and that interim protection against action under the notices had continued throughout. In those circumstances, it considered that the proposed demolition drive under the 2022 notices had lost efficacy and that retaining the petition for adjudication of the underlying dispute would serve no useful purpose.

Because the rival claims involved disputed matters of encroachment, title, and possession, the Court expressly refrained from expressing an opinion on their merits.

It granted the Nagar Palika Parishad, Bhind, liberty to issue fresh notices if warranted; any resulting proceedings must provide a reasonable hearing, consider the petitioners’ objections and supporting documents, and culminate in a reasoned order in accordance with law. The petition was disposed of accordingly.