Madhya Pradesh High Court
Solat Bee vs The State Of Madhya Pradesh Through ... on 30 July, 2024
Author: Pranay Verma
Bench: Pranay Verma
1 WP-21160-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 30th OF JULY, 2024
WRIT PETITION No. 21160 of 2024
SOLAT BEE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
SECRETARY AND OTHERS
Appearance:
Shri Kunjan Mittal, learned counsel for the petitioners.
Shri Prakhar Trivedi - Panel Lawyer for the respondent/State.
ORDER
The present petition is filed under Article 226 of the Constitution of India being aggrieved by the action of the respondent for earmarking the shop and house of the petitioners for demolition and for widening of the road.
2. Learned counsel for the petitioners submits that the aforesaid shop / house is situated on the private land and the respondents without acquiring the said land / house and paying compensation are going to demolish the shop / house of the petitioners for the purpose of widening the road. It is argued that the respondents cannot widen the road by utilizing private land without acquiring the land and paying compensation. In support of his submission, he has placed reliance on order dated 18.07.2019 passed by the High Court of Delhi in the case of Sarita Gupta and Others Vs. MCD and order dated 09.08.2023 passed by this Court in W.P. No.19529/2023 Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 30-7-24 14:46:14 2 WP-21160-2024 (Shahnawaj Mizwani Vs. State of M.P. and Others) .
3. After hearing learned counsel for the petitioners, I deem it expedient to dispose off the petition with liberty to the petitioners to submit a detailed and comprehensive representation / objection before the respondent No.2 / Collector, District Rajgarh within a period of seven days from today along with all requisite documents and if such a representation is submitted within the aforesaid period, the Collector shall decide the same within a period of three weeks from the date of receipt of the same in accordance with law by passing a reasoned and speaking order.
4. Till the representation of the petitioners is considered and decided by the Collector, Rajgarh if preferred within the period as aforesaid, the respondents are retrained from demolishing the shop / house of the petitioners. In case the decision is against the petitioners, they shall be afforded a breathing time of ten days for assailing the same in accordance with law.
5. With the aforesaid directions, the petition stands disposed off.
(PRANAY VERMA) JUDGE jyoti Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 30-7-24 14:46:14