The Indore bench of Madhya Pradesh High Court recently reprimands the authority’s saying single day notice is not enough for demolition of some ones property.
A single bench of Justice Satyendra Kumar Singh held that it would be fair if the petitioner was given reasonable time to file his objections before the appropriate authorities.
The petitioner, Anand Sojatia was served upon a notice by the Respondent Authority regarding the demolition of his property allegedly constructed on government land. The notice was served on 28th December 2022 and the petitioner was required to file his reply by the next morning i.e., 29th December 2022 itself, failing which, the property would’ve been demolished on the following day itself.
Sojatia claimed that he was being victimised for filing an election petition against the sitting MLA of the ruling party. He argued that the contents of the notice made it clear that the same was served owing to political reasons, without granting proper opportunity to the petitioner to file his reply. Thus, it was prayed that the impugned notice be quashed.
The State (Collector & Nayab Tehsildar, Mandsaur) proclaimed that the property concerned was constructed upon government land and therefore, the said notice was issued and the petitioner was provided an opportunity to file his reply. Therefore, it was submitted that the Petitioner was not entitled for any relief.
After examining the submissions of both parties and documents on record, the bench found it fit to restrain the State from taking any coercive action against the petitioner before granting him reasonable opportunity to approach the appropriate authority.
