Fashionable for local bodies to demolish houses without complying with natural justice: Madhya Pradesh High Court

The Madhya Pradesh High Court recently awarded compensation of ₹1 lakh each to two persons whose houses were illegally demolished by Ujjain Municipal Corporation [Radha Langri and Anr vs The Commissioner, Municipal Corporation Ujjain and Ors.].Justice Vivek Rusia observed that it has now become 'fashionable' for local bodies to demolish houses without complying with principles of natural justice.."It has become fashionable now for local administration and local bodies to demolish any house by drawing up proceedings without complying with the principles of natural justice and publish it in the newspaper," the Court said. .The Court was hearing a plea by two individuals seeking compensation and disciplinary action against the municipal corporation officials and injunction from demolishing the remaining portion of their houses..The first petitioner informed the Court that one house belonging to her and one belonging to her husband in Sandapani Nagar, Ujjain were demolished on December 13, 2022 without prior notice.The second petitioner was served two notices and given only a day's time to reply before three of her houses in the same locality were demolished..Advocate Rishi Tiwari for the corporation argued that the houses were raised in violation of the provisions of the Act as no building permission was obtained for the same. Hence, he contended that the demolition was justified..The commissioner of the corporation told the Court that the houses claimed to be owned by the first petitioner and her husband were actually owned by other people and were demolished after the owners did not respond to notices. .The Court noted that there were registered sale deeds in the name of the petitioners and that they had not approached the corporation for mutation of their name."Although they did not inform about the aforesaid sale to the Municipal Corporation by submitting a registered sale deed for mutation of their name, they are residing in the said house as owner" it added..Additionally, the Court noted that had the building officer visited the site, he would have been informed about the ownership situation and would have realized that they were not serving notices to actual owners. Accordingly, the Court concluded that the panchnama was not drawn at the spot and was concocted. It also noted that the purported owner of the first petitioner's properties did not even exist.Therefore, the Court determined that service of notice to a fictitious person was highly illegal and arbitrary, for which disciplinary action had to be taken against the officials responsible. It also underlined that the ownership details could have been verified based on property tax receipts..The Court further noted that the petitioners purchased a constructed house and if there was no permission for the same, there is a provision for compounding also. "It is correct that no person has a right to construct the house without building permission or if the building permission is there then no construction is permissible in the MOS area. In either case, demolition should be the last recourse to be followed that too after giving a proper opportunity to the owner of the house to get it regularized," it added..Consequently, the Court ordered compensation of ₹1 lakh each to the petitioners for the illegal demolitions. Furthermore, it directed the Commissioner of the Municipal Corporation to initiate disciplinary action against the officers responsible for the faulty spot panchnamas. Additionally, the Court instructed the petitioners to apply for regularization of their constructions..The petitioners were represented by advocate Tehjeeb Khan..[Read Order]