The Madhya Pradesh High Court directed the civic authorities to allow Radha Langri and Vimla Gurjar of Sandipini Nagar to keep their homes, overturning the demolition that occurred on December 13, 2022.
This decision was made despite the authorities' disregard for the provisions of the MP Municipal Corporation Act 1956, following the writ petition filed by Langri and Gurjar.
The copy of the order passed on February 1 became available on Monday.
A single bench of Justice Vivek Rusia said, “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 publishing it in the newspaper.”
While allowing the writ petition, the court also directed the civic body to compensate the petitioners Rs 1 lakh each for the illegal demolition of their house without providing an opportunity for a hearing and notice within four weeks.
It also directed the municipal commissioner to initiate disciplinary action against officers responsible for preparing the forged spot panchnama.
The petitioners are also directed to legalize their construction by applying for building permission and compounding before the commissioner.
''The same shall be considered in accordance with the law, without prejudice to the observations made hereinabove against the municipal corporation," the order stated.
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