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Madhya Pradesh High Court · body

1994 DIGILAW 635 (MP)

Rajkishore Hardia v. State of M. P.

1994-08-31

A.G.QURESHI, R.D.SHUKLA

body1994
JUDGMENT These two petitions have been filed separately alleging public interest by two citizens on the basis of an apprehension that the buildings mentioned in M.P. No. 1442 of 94, house No. 24, 25, 26 and 27 in Chhota Sarafa is likely to be demolished without following the process of law as the other buildings in the locality have been demolished by the Corporation without following the due process of law. The other apprehension is in respect of a building known as 'Dawa Bazar', Kibe Compound is likely to be demolished without observing the due process of law. The foundation for the apprehension as stated in the petitions is that a Minister in the Government has declared so in the public to get the buildings demolished and, therefore, a prayer for injunction against the Municipal Corporation is sought. It is undisputed by the petitions itself that no notice has been served by the Municipal Corporation on the owners or occupiers of these buildings as envisaged under the law. Therefore, it is based only on an apprehension or some newspaper statements. The petitions are based merely on the apprehension that the due procedure of law shall not be followed. It is a settled principle that whenever even of the highest dignitary of the country or anyone placed in a high position makes any statement pertaining to any executive action or even a policy statement in the Parliament or the House of Legislature that itself does not become the law. It becomes law only when the procedure prescribed for making the law is followed. Similarly when any executive order is passed it pre-supposes the passing of an order to be executed in accordance with law. Therefore, even assuming that a statement has been made by any dignitary of the Government, that itself would not be construed to mean that the authorities concerned shall take the law in their own hands and start acting on such statement without following the due process of law. In respect of construction of buildings there is a Municipal Corporation Act and Bye Laws made thereunder. There is a Town and Country Planning Act and Bhumi Vikas Nigam, 1984. There are various provisions for regulating the constructions and also demolishing the constructions and removing the encroachments and a procedure has been prescribed thereof which has to be followed. In respect of construction of buildings there is a Municipal Corporation Act and Bye Laws made thereunder. There is a Town and Country Planning Act and Bhumi Vikas Nigam, 1984. There are various provisions for regulating the constructions and also demolishing the constructions and removing the encroachments and a procedure has been prescribed thereof which has to be followed. This has been the consistent view of this Court that whenever an executive action is initiated it should he initiated in accordance with law after following the due procedure prescribed under the relevant Act and Bye Laws. Therefore, we are nut prepared to accept the contention of the petitioners that the authorities shall take the law in their own hands and demolish the buildings without giving a proper notice to the owners and the occupiers of the buildings especially the occupiers who are the main sufferers being purchasers of portions of the buildings. We hope and trust that the authorities concerned shall follow the prescribed procedure under the law and the Rules before initiating any action in respect of the buildings mentioned in the petitions. If there may he any specific grievance of any person in respect of violation of law, he shall always be free to approach this Court, but this Court cannot issue any directions only on the has is of apprehension taking into consideration the alleged earlier actions of the Corporation or authorities in demolishing the buildings without following the due procedure of law. With the aforesaid observations these petitions stand disposed of. CC be given to the petitioner un necessary payment and copies be sent to the Municipal Corporation, Indore and to Government of M.P.