MP HC slams demolition: ‘Fashionable to demolish houses without due process’

Bhopal: The Madhya Pradesh High Court has awarded a compensation of Rs 1 lakh to a petitioner whose houses were illegally demolished by the Ujjain Municipal Corporation without following due procedure, while criticising the demolition, LiveLaw reported.

While granting the compensation, the Court also directed the Commissioner of Ujjain Municipal Corporation (UMC) to take disciplinary action against officials involved in fabricating a panchnama. Additionally, the petitioners were given the option to seek further compensation for their losses through a civil court.

Justice Vivek Rusia observed in the order, “As observed repeatedly by this court, it has become fashionable now for local administration and local bodies to demolish any house by drawing up proceedings without complying with the Principle of Natural Justice and publish it in the newspaper. It appears that in this case also a criminal case was registered against one of the family members of the petitioners and demolition activities were carried out.”

Demolition should be the last recourse, that too after giving opportunity to the owner to seek regularisation, the court said.

The court emphasised that while no one has the right to construct a house without proper permission, or if permission exists, without adhering to the regulations in the Municipal Corporation’s area, demolition should be considered as a last resort. Moreover, it should only be carried out after providing the house owner with a fair chance to rectify the situation by obtaining regularisation.

“...demolition should be the last recourse to be followed that too after giving a proper opportunity to the owner of the house to get it regularised.”

The above ruling was delivered by the Indore bench of the High Court in a petition filed by Radha Langri seeking compensation for the demolition of her houses (house numbers 466 and 467) illegally by the Commissioner, Municipal Corporation Ujjain, District Ujjain And Building Officer, Municipal Corporation Ujjain, District.

The Municipal Corporation submitted a reply, citing its powers of demolition under Sections 293 and 294 of the MP Municipal Corporation Act, 1956, and seeking protection from the obligation to pay compensation under Section 306 of the same Act.

The respondents argued that the demolished houses were constructed in violation of the Municipal Corporation Act since the petitioners had not obtained building permission beforehand. Furthermore, the respondent’s counsel contended that although a notice had been affixed, no reply was received for two months, compelling the authorities to issue a notice under Sections 307 and 406 of the Act of 1956.

The High Court on the 25th of last month, had directed the Commissioner, Municipal Corporation to examine the record and submit the explanation before the Court.

Post which, an affidavit was filed by the Ujjain municipal commissioner informed the court that house no. 466 is registered under the ownership of Raisa Bi and lacks building permissions. However, a spot inspection on October 11, 2022, revealed that Parvez Khan had purchased the property from Raisa Bi.

Consequently, a demolition notice was issued in Parvez Khan’s name on October 12, 2022, under section 307 of the Municipal Act. Despite repeated attempts to serve the notice, it was refused, leading to subsequent notices on December 12 and 13, 2022. As a result, house No. 466 was partially demolished on December 13. AGENCIE