Madhya Pradesh High Court
Mansingh @ Mansaram vs Union Of India on 8 February, 2017
1
WP.951/2017
Mansingh @ Mansaram Vs. Union of India and Ors.
08.02.2017
Shri H.K. Shukla, counsel for the petitioner.
Shri Shashank Indapurkar, counsel for the respondents No.
1 to 4 / Union of India.
Shri Praveen Newaskar, Govt. Advocate for the respondents No. 5 to 7/ State.
The petitioner has come before this Court with following prayer :-
"1. That the order Annexure P/1 be quashed.
2. That, the respondent be restrained not to take any action for demolishing the petitioner house in persuasion of their notice Annexure P/1.
3. That, the respondent further be directed to ascertain the distance of petitioner's house from the monuments of Saas-Bahu ka Mandir in presence of petitioner to ascertain whether the petitioner house in question has come within the periphery outer limit of the monuments or not.
4. That, the cost of the litigation may also be awarded.
5. Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner."
The grievance of the petitioner arises from the show cause notice dated 11.01.2017 (Annexure P/1) asking the petitioner to remove the construction / renovation / repairing which is categorized as unlawful for having been accomplished without prior permission of the competent authority and the same lies within the prohibitory / regulatory zone around the notified protected area of the ancient monument of Saas Bahu Ka Mandir which is one of the 10 ancient monuments situated within the Gwalior Fort.
This Court has already taken cognizance of public grievance 2 WP.951/2017 of sprouting up of unlawful construction within the prohibitory / regulatory zone of the ancient monuments lying within the said fort in WP No. 8905/2011 (PIL) and in which detailed directions have been passed in respect to Tomb of Mohammed Ghaus situated in close vicinity to Gwalior fort within the town of Gwalior.
The instant petition pertains to one of the ancient monuments Saas Bahu Ka Mandir situated within the Gwalior Fort and therefore, the issue can very well be addressed and looked into in the said PIL.
However, the petitioner deserves to be protected against apprehended demolition of his house. This petition is therefore disposed of in following terms:-
(i) The petitioner is free to make appropriate interlocutory application in the PIL requesting the Court seeking enlargement of scope of the said PIL and the directions issued therein on 06.02.2017 so that the same applies to the other ancient monuments situated within the town of Gwalior, for which the petitioner is granted 30 working days from today.
(ii) Till the petitioner moves this Court in the PIL and his grievance is considered the respondents are restrained from carrying out any demolition of the house of the petitioner.
With the aforesaid directions, the present petition stands disposed of.
(Sheel Nagu) (S.A.Dharmadhikari) sarathe Judge Judge