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Madhya Pradesh High Court · body

1998 DIGILAW 392 (MP)

Beeranlal v. State of M. P.

1998-05-05

R.S.GARG

body1998
JUDGMENT The case of the petitioner was that without making a proper survey of his house, on a survey report relating to adjoining house which belongs to the brother of the petitioner, with mala fide intentions and absolute indifference the Corporation Authorities with the help and assistance of the administration and police, demolished the house of the present petitioner and by the petition, the petitioner has sought compensation to the extent of Rs. One Lac. Notices were issued to the other side. The State and their authorities, as usual, were indifferent and did not propose to take part in the proceedings. Shri Khare appeared for the respondents No. 2 and 3. Looking to the nature of the dispute, the team which had surveyed the Earth Quake Affected Houses was asked to submit its report. The officers of PWD who made the survey filed their affidavits. It was found that the allegations made by the petitioner were incontrovertible. It floated on the surface that house of Pooran Lal Koshtha was surveyed, but house of Beeran Lal Koshtha was demolished. Counsel for the Corporation was asked as to what the Corporation was proposing to do in a case· where because of their inappropriate and inadvertent act, the petitioner had suffered losses. Shri Khare submits that the true spirits of the feelings expressed by this Court, were conveyed by him to the Corporation and the Authorities. He submits that realising the mistake the Corporation authorities are agreeable that they would repair the damages if possible or in the alternative would reconstruct the place to its original position. Shri Khare submits that if a period of four months is given, a similar nature of construction as was standing on the spot, would be reconstructed by them. He submits that in view of this gesture on part of the Corporation, after recording their undertaking, the matter may be dropped. Shri R.L. Gupta, learned counsel for petitioner submits that not only the house suffered the damages, but the wearing apparels, cooking vessels and other articles which were lying in the house also suffered serious damages therefore, the petitioner is entitled to compensation. So far as the offer made by the Corporation is concerned, I consider that to be most reasonable and proper. If after realising the mistake the Corporation Authorities are ready to undo the wrong done by them, then they must be given an opportunity. So far as the offer made by the Corporation is concerned, I consider that to be most reasonable and proper. If after realising the mistake the Corporation Authorities are ready to undo the wrong done by them, then they must be given an opportunity. So far as the request of payment of compensation is concerned, it would not be possible for this Court to determine the quantum of compensation. Under these circumstances, I refrain from making any order on this aspect of the matter. However, it would be desirable on part of the petitioner that looking to the offer and the helping hand extended by the Corporation, they do not press this prayer. It is, however, for the petitioner to consider. In view of the offer made by the respondents No. 2 and 3, it is ordered that within a period of four months from today, they would carry out the necessary repairs, is possible to bring the house to its original shape and if that is not possible which also appeared from the orders passed by the Commissioner, the Corporation shall reconstruct the house and handover the possession to the petitioner, within the period aforesaid. The petition is allowed to the extent indicated above. There shall be no order as to costs.