In a case regarding illegal demolition of houses, the Madhya Pradesh high court has directed “disciplinary action” against the concerned municipal authorities and awarded Rs 1 lakh in compensation to the petitioner. https://thewire.in/law/fashionable-to-demolish-houses-without-due-procedure-should-be-last-recourse-mp-high-court
Justice Vivek Rusia, while delivering the ruling, said, “As observed repeatedly by this court, it has become fashionable now for local administration and local bodies to demolish any house by drawing up proceedings without complying with the Principal of Natural Justice and publish it in the newspaper. It appears that in this case also the criminal case was registered against one of the family members of the petitioners and demolition activities were carried out.”
However, the court said that while no one has the right to construct a house without proper permission, demolition should be considered as a last resort. Moreover, it should only be carried out after providing the house owner with a fair chance to rectify the situation by obtaining regularisation, LiveLaw reported.
12/02/2024