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Madhya Pradesh High Court · body

2025 DIGILAW 338 (MP)

Jai Prakash Gupta v. State of M. P.

2025-06-12

AMIT SETH

body2025
ORDER 1. Common grievance in both the writ petitions is that under the garb of road widening in Jabalpur from Anandkunj to Panda Ki Madhiya the demolition exercise is being conducted by the respondents / authorities and the allegedly valid structures of the petitioners are likely to be effected by the said demolition exercise. It has also been contended that the marking on the structures of the petitioners has already been put by the authorities and they are bent upon to demolish the structures of the petitioners without there being any opportunity of hearing to the petitioners. 2. Shri Swapnil Ganguly, learned Dy. A.G. appearing on behalf of the State submits that road widening project pursuant to the administrative sanction granted by the State Government on 21.10.2024 from Anankkunj to Panda Ki Madhiya is under way and as per the instructions of the Dy. A.G. the road widening is being done on the land belonging to the Nazool Department and not on private land and the widening is being done upto 53 ft or 16 meters as per Jabalpur development plan the same is 18 meters or 60 ft. However, he does not dispute the position that prior to putting the marks on building, the documents of the petitioners have not been examined or adequate opportunity of hearing to the persons likely to be effected by the road widening project has been granted. 3. On the query made by this Court it is suggested on behalf of the State Government that a joint committee comprising of SDO Revenue & one Officer of PWD be constituted who shall hear the grievance of the petitioners and also examine their documents and thereafter pass appropriate orders in accordance with law. 4. The proposal submitted on behalf of the State Government appears to be reasonable and is also accepted by the counsel for the petitioners. 5. 4. The proposal submitted on behalf of the State Government appears to be reasonable and is also accepted by the counsel for the petitioners. 5. In view of the above, the petitions stand disposed of with a direction that a joint committee be constituted within a period of 3 days from today and the petitioners are extended liberty to submit their documents as regards ownership before the said committee on Monday i.e. 16.6.2025 and the said committee on scrutiny of the said documents and after hearing the petitioners, if required, shall pass an appropriate order thereon as regards the rights of the petitioner over the land in question or otherwise on which the road widening project is being undertaken, within a period of 7 days thereafter. 6. Till such exercise is completed by the authorities, they are restrained from carrying out any further demolition for the project in question. 7. It is made clear that no opinion on merits is expressed by this Court and it is open for the authorities to examine the claim of the petitioners in accordance with law.