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1978 DIGILAW 419 (MP)

Matadin v. State of M. P.

1978-04-28

A.P.SEN, A.R.NAVKAR

body1978
Short Note : 1. This writ petition by Matadin is directed against an order of the state Government of Madhya Pradesh, Local Self Government (Rural) Dept dated 29-5-1971, confirming the order of the Collector, Gwalior dated 29-3-1971 for the suspension of the Resolution of the Gram Panchayat, Suklihari, dated 26-6-1970, refusing to remove the encroachment by demolition of the superstructure constructed by the petitioner. Held: Section 299 of the Madhya Pradesh Panchayats Act, 1962, is wide enough to confer on the Collector full powers to suspend any resolution of the Gram Panchayat, on the fulfilment of any of the conditions laid down in clauses (a) to (c). In the present case, the Collector formed an opinion that the Gram Panchayat had unauthorisedly condoned the encroachment made by the petitioner on public land. This matter, therefore, fell within the purview of clauses (a) and (c) (i) and (iii). It is, however, urged that the Gram Panchayat had granted permission to the petitioner to construct upon the land in the year 1953. No such construction was made in pursuance of the alleged sanction in 1953. Sanction for construction is only valid for a year, and if no construction is made in a year, the sanction automatically lapses. No fresh construction could, therefore, be made without fresh permission. No such permission exists. The construction made by the petitioner is, therefore, an encroachment. The Gram Panchayat clearly acted illegally in refusing to remove the encroachment, and such refusal amounts to causing of loss or damage to the property vested in the Gram Panchayat and was also prejudicial to the public convenience, inasmuch as the encroachment is on a public street. It cannot be denied that such encroachment causes injury or annoyance to the public. 2. The petitioner is not without any remedy. Section 334 of the Madhya Pradesh Panchayat Act contemplates the filing of a suit after service of a notice for two months. The petitioner instead of availing of that remedy, has straightway filed this writ petition. Article 226 (3) of the Constitution, inserted by section 38 of the Constitution (Forty-second Amendment) Act, 1976, operates as a complete bar. Petition dismissed.