Madhya Pradesh High Court
Smt. Deepa Sahu vs The State Of Madhya Pradesh on 20 April, 2022
Author: Ravi Malimath
Bench: Ravi Malimath
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
ON THE 20th OF APRIL, 2022
WRIT PETITION No. 19546 of 2019
Between:-
SMT. DEEPA SAHU W/O BUDDHU LAL
SAHU, AGED ABOUT 40 YEARS, WARD
NO. 4, NAGAR PARISHAD, SHAHPURA,
DISTRICT DINDORI (MADHYA
PRADESH)
.....PETITIONER
(SHRI K.K. GAUTAM - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH COLLECTOR, DISTRICT
DINDORI (MADHYA PRADESH)
2. S.D.O., SHAHPURA, DISTRICT DINDORI
(MADHYA PRADESH)
3. TEHSILDAR, SHAHPURA, DISTRICT
DINDORI (MADHYA PRADESH).
- 2 -
4. CHIEF MUNICIPAL OFFICER, NAGAR
PARISHAD, SHAHPURA, DISTRICT
DINDORI (MADHYA PRADESH)
5. PRESIDENT, NAGAR PARISHAD,
SHAHPURA, DISTRICT DINDORI
(MADHYA PRADESH)
....RESPONDENTS
(BY SHRI VIVEK SHARMA - GOVERNMENT ADVOCATE)
-----------------------------------------------------------------------------------------------
This petition coming on for admission this day, Hon'ble Shri
Justice Purushaindra Kumar Kaurav, passed the following:
ORDER
The petitioner in the instant writ petition has prayed for the directions to respondents No.1 to 3 to pass an appropriate order on an objection raised by the petitioner relating to unauthorized and illegal construction on the land bearing Khasra No.579/1 situated at Nagar Parishad, Shahpura, District Dindori.
2. The petitioner has stated that the land in question is a grazing land and respondents No.4 and 5 who are Chief Municipal Officer and President, Nagar Parishad, Shahpura, District Dindori respectively have constructed "Tin Shed" without following the
- 3 -
procedure known to law. On notice being issued to the respondents, reply has been filed and it is stated that on 29.11.2019, Tehsildar, Shahpura demarcated the land in question to ascertain as to over which part of the land the Municipal Council is constructing a "Tin Shed". In pursuance to order dated 29.11.2019, a report was submitted on 03.12.2019 and it was found that "Tin Shed" was constructed over Khasra No.571/1 and there was no construction on Khasra No.579/1 as claimed by the petitioner. A copy of the report has been placed on record as Annexure-R/4. The petitioner raised objection with respect to authenticity of the said report (Annexure- R/4). Therefore, this Court directed the respondent/authorities to produce the original copy of Annexure-R/4. The respondents/State has produced original copy of Annexure-R/4 during the course of hearing, which substantiate the stand taken in the writ petition.
3. The learned counsel appearing for the petitioner tried to dispute the report on the ground that the "Tin Shed" is constructed over the Government Land without any permission.
4. We are not inclined to accept the submissions made by the learned counsel appearing for the petitioner as there is no material placed on record to contradict the report (Annexure-R/4) which clearly states that land Khasra No.571/1 area 0.49 hectare is
- 4 -
recorded in the name of Nagar Panchayat, Shahpura and land Khasra No.579/1 area 0.71 hectare is recorded in the name of Government. The said report also states that the construction has been made over Khasra No.571/1 and there is no construction over land of Khasra No.579/1. It is also seen from the record that the construction in question is made by the local body after due approval from the President-in-Council in order to regulate hawkers of vegetables and to provide them earmarked place for their business. This decision was taken keeping in mind various problems being raised by the people of the locality on account of unregulated shops being run by shopkeepers of vegetables.
5. Under such circumstances, we do not find any merit in the instant petition. The same is, therefore, dismissed.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
Nitesh
Digitally signed by NITESH PANDEY
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=JUDICIAL, pseudonym=86489bc20a6a406d98306b23025621ce, postalCode=482001, st=MADHYA PRADESH, serialNumber=d3c43878e5123dcce8275e09def7b0ce2222e9c9 1b1174c5e2ab8b19437c9ae5, cn=NITESH PANDEY Date: 2022.04.26 11:34:52 +05'30' Adobe Reader version: 11.0.8