Madhya Pradesh High Court
Aziz vs The State Of Madhya Pradesh on 5 December, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:65559
1 WP-42088-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 5 th OF DECEMBER, 2025
WRIT PETITION No. 42088 of 2025
WAHID KHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate for the
petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WITH
WRIT PETITION No. 36849 of 2025
ANJU KOL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Gyanendra Singh Baghel - Advocate for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42091 of 2025
JAMEEL KHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate for
the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42094 of 2025
PAPPU
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 12-12-2025
18:52:41
NEUTRAL CITATION NO. 2025:MPHC-JBP:65559
2 WP-42088-2025
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate for
the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42102 of 2025
RASHID SHAIKH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate for the
petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42108 of 2025
SANJAY BLOHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate for
the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42110 of 2025
ARJUN ATOODE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate for
the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42113 of 2025
MEHMOD KHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 12-12-2025
18:52:41
NEUTRAL CITATION NO. 2025:MPHC-JBP:65559
3 WP-42088-2025
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate
for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42117 of 2025
IRFAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate
for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42118 of 2025
KAYYUM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate
for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42130 of 2025
BHAYAA LALA ATOOT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate
for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 42350 of 2025
SHAKEEL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 12-12-2025
18:52:41
NEUTRAL CITATION NO. 2025:MPHC-JBP:65559
4 WP-42088-2025
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate
for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 43337 of 2025
AZIZ
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate
for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 43352 of 2025
SALIM AHMAD
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate
for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
WRIT PETITION No. 43355 of 2025
BHURU KHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kabeer Paul - Advocate with Shri Aaradhy Shrivastava - Advocate
for the petitioner.
Shri Suyash Thakur - Government Advocate for the respondents/State.
ORDER
This common order shall govern disposal of the aforesaid writ petitions, as the question of law and facts involved herein, are similar.
2. The challenge in these petitions is made to the impugned notices Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 12-12-2025 18:52:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:65559 5 WP-42088-2025 whereby the petitioners have been directed to remove the unauthorized construction raised by them, failing which coercive action shall be taken against them.
3. Counsel appearing for the petitioners has drawn attention of this Court to the judgment passed by the Hon'ble Supreme Court in the case of Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1 wherein certain directions/guidelines have been issued. It is submitted that in the present case, the said guidelines are not followed by the authorities and as far as the guidelines issued by the Hon'ble Supreme Court in paragraph 94 thereof, they are required to be followed by the authorities. The authorities are required to give personal hearing to the petitioner before taking any extreme steps for demolition of the property and thereafter pass a reasoned order.
4. The operative part of the judgment i.e. D irections in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1, particularly Para 94 thereof, reads as under :
"94. At the outset, we clarify that these directions will not be applicable if there is an unauthorised 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 94.1. 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.
94.2. 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. 94.3. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice.
94.4. 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 Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 12-12-2025 18:52:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:65559 6 WP-42088-2025 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.
94.5. The notice shall contain the details regarding: (a) The nature of the unauthorised 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. 94.6. 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 94.7. The designated authority shall give an opportunity of personal hearing to the person concerned.
94.8. The minutes of such a hearing shall also be recorded. C. Final order 94.9. Upon hearing, the designated authority shall pass a final order. 94.10. 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 unauthorised construction is compoundable, if it is not so, the reasons therefor. (c) If the designated authority finds that only part of the construction is unauthorised/non- compoundable, 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 94.11. 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.
94.12. An opportunity should be given to the owner/occupier to remove the unauthorised 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 unauthorised construction, and if the same is not stayed by any appellate authority or a court, the authority concerned shall take steps to demolish the same. It is only such construction which is found to be unauthorised and not compoundable shall be demolished. 94.13. Before demolition, a detailed inspection report shall be prepared by the authority concerned signed by two panchas. E. Proceedings of demolition 94.14. The proceedings of demolition shall be videographed, and the authority concerned 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. 94.15. The said demolition report should be forwarded to the Municipal Commissioner by email and shall also be displayed on the digital Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 12-12-2025 18:52:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:65559 7 WP-42088-2025 portal."
5. Counsel appearing for the State could not dispute the aforesaid proposition and the judgment passed by the Hon'ble Supreme Court is binding upon the authorities. It is submitted that prior to taking extreme steps, the authorities are duty bound to follow the aforesaid guidelines.
6. Under these circumstances, prior to taking any extreme steps by the authorities, the guidelines issued by the Hon'ble Supreme Court in Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1 are required to be followed. The respondents-authorities are directed to comply with the aforesaid directions/guidelines issued by the Hon'ble Supreme Court prior to taking any extreme steps for demolition of the property in question.
7. In above terms, these petitions stand disposed of finally. No order as to costs.
(VISHAL MISHRA) JUDGE AM Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 12-12-2025 18:52:41