Madhya Pradesh High Court
Smt. Banti Namdeo vs The State Of Madhya Pradesh on 19 May, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 19th OF MAY, 2022
WRIT PETITION No. 11955 of 2022
Between:-
1. SMT. BANTI NAMDEO W/O PRADEEP NAMDEO ,
AGED ABOUT 39 YEARS, OCCUPATION:
PRIVATE JOB CIVIL WARD NO.7 BELATAL
DISTRICT DAMOH M.P. (MADHYA PRADESH)
2. HAKAM SINGH RAJPUT S/O MALKHAN SINGH ,
AGED ABOUT 36 YEARS, OCCUPATION:
PRIVATE JOB R/O CIVIL WARD NO. 7, BELATAL,
DISTRICT DAMOH M.P. (MADHYA PRADESH)
3. SMT. POONA DEVI W/O J.P. AHIRWAR , AGED
ABOUT 58 YEARS, OCCUPATION: HOMEMAKER
R/O CIVIL WARD NO. 7, BELATAL, DISTRICT
DAMOH M.P. (MADHYA PRADESH)
4. SMT. IMARTI BAI W/O MUNNA SINGH
CHAUHAN , AGED ABOUT 50 YEARS,
OCCUPATION: HOMEMAKER R/O CIVIL WARD
NO. 7, BELATAL, DISTRICT DAMOH M.P.
(MADHYA PRADESH)
5. NANNI BAI PATEL W/O DHAMMU PATEL , AGED
ABOUT 57 YEARS, OCCUPATION: HOMEMAKER
R/O CIVIL WARD NO. 7, BELATAL, DISTRICT
DAMOH M.P. (MADHYA PRADESH)
6. NEEMA BAI SEN W/O LATE KAMAL SEN , AGED
ABOUT 54 YEARS, OCCUPATION: HOMEMAKER
R/O CIVIL WARD NO. 7, BELATAL, DISTRICT
DAMOH M.P. (MADHYA PRADESH)
7. SUSHILA GARG W/O ANANTRAM GARG , AGED
ABOUT 60 YEARS, OCCUPATION: HOMEMAKER
R/O CIVIL WARD NO. 7, BELATAL, DISTRICT
DAMOH M.P. (MADHYA PRADESH)
Signature Not Verified 8. MITHILESH W/O BRIJ LAL PATEL , AGED
ABOUT 39 YEARS, OCCUPATION: PRIVATE
SAN
Digitally signed by MOHD IRFAN
SERVICE R/O CIVIL WARD NO. 7, BELATAL,
SIDDIQUI
Date: 2022.05.23 18:39:30 IST DISTRICT DAMOH M.P. (MADHYA PRADESH)
2
9. ANITA RAWAT W/O PRAMOD RAWAT , AGED
ABOUT 50 YEARS, OCCUPATION: HOMEMAKER
R/O CIVIL WARD NO. 7, BELATAL, DISTRICT
DAMOH M.P. (MADHYA PRADESH)
10. RAJU RAIKWAR S/O LATE MOOLCHAND
RAIKWAR , AGED ABOUT 40 YEARS,
OCCUPATION: PRIVATE SERVICE R/O CIVIL
WARD NO. 7, BELATAL, DISTRICT DAMOH M.P.
(MADHYA PRADESH)
11. MAHENDRA NAMDEO S/O SHIV KUMAR
NAMDEO , AGED ABOUT 40 YEARS,
OCCUPATION: PRIVATE SERVICE R/O CIVIL
WARD NO. 7, BELATAL, DISTRICT DAMOH M.P.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANSHUMAN SINGH-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY URBAN
DEVELOPMENT AND HOUSING DEPARTMENT
VALLABH BHAWAN BHOPAL M.P. (MADHYA
PRADESH)
2. THE COMMISSIONER SAGAR DIVISION SAGAR
M.P. (MADHYA PRADESH)
3. THE COLLECTOR DAMOH DAMOH M.P.
(MADHYA PRADESH)
4. THE TEHSILDAR DAMOH DAMOH M.P.
(MADHYA PRADESH)
5. THE NAZUL OFFICER DAMOH DAMOH M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJEET KUMAR RAWAT-GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
Signature Not Verified
following:
SAN
ORDER
Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.05.23 18:39:30 IST The present petition is being filed challenging the order dated 2.5.2022 3 whereby the petitioners have been directed to be removed from the land on which they are having possession and further to demolish the properties in pursuance to the proceedings which have been initiated under Section 248 of M.P. Land Revenue Code. It is submitted that they are landless persons and living in small houses built in Civil Ward No.7 Belatal, District-Damoh. The petitioners are living since more than 30 years.
It is submitted that the State Government has enacted M.P. Nagariya Kshetron Ke Bhumihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 and in view of Section 3, the land occupied by a landless person in any Urban area on cut off date before 31.12.2014 is deemed to be settled in his favour on adducing proof of his citizen in an Urban area prior to 31.12.2014. It is submitted they are in possession prior to cut off date i.e. 31.12.2014. In pursuance to the notice which have been issued to them, they have filed a reply along with all the relevant documents but the authorities are bent upon to demolish their hutments/small houses without even considering the fact that they are in possession of the properties since last more than 30 years and no benefit of the Adhiniyam of 1984 has been extended to them. An innocuous prayer is made to direct the authorities to consider the reply filed by the petitioners in view of the Adhiniyam of 1984 and till the consideration of the reply and passing of the final order by the authorities, no demolition to take place. They may be granted protection.
Counsel appearing for the respondents /State has vehemently oppose the contention stating that petition itself is not maintainable as the same is against the show cause notice issued in pursuance to the proceedings under Section Signature Not Verified SAN 248 of the M.P.L.R.C. but could not dispute the fact that reply to the show Digitally signed by MOHD IRFAN SIDDIQUI cause notice has been filed and the proceedings are pending consideration Date: 2022.05.23 18:39:30 IST 4 before the authorities. It is fairly submitted by the State counsel that they will consider and decide the case of the petitioners after considering their reply.
Considering the overall facts and circumstances of the case, this petition is disposed of directing the authorities to consider and decide the case of the petitioners taking into consideration the reply filed by them and after granting all the opportunities of audience to them.
Till the final decision is being taken by the authorities, no demolition to take place.
The entire exercise be completed within a period of 30 days from the date of receipt of certified copy of this order.
In case the authorities arrived at a conclusion which goes against the petitioners then further breathing space of 15 days be granted to the petitioners to avail the remedy available to them under the law against the order passed by the authorities.
With the aforesaid observations, this petition is disposed off. It is made clear that this Court has not expressed any opinion on the merits of the case.
(VISHAL MISHRA) V. JUDGE irfan Signature Not Verified SAN Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.05.23 18:39:30 IST