INDORE: It has turn into “modern” for authorities to demolish any home with out adhering to “rules of pure justice”, the Indore bench of Madhya Pradesh HC noticed, ordering compensation of Rs 1 lakh every to 2 petitioners whose homes had been razed by Ujjain Municipal Company.
Choose Vivek Russia identified the illegality of the act, carried out in Sandipini Nagar on December 13, 2023, with out prior notification to the petitioners Radha Langri and Vimal Gurjar or giving them the chance for a listening to. They approached HC after the demolition. Russia additionally ordered disciplinary measures towards brokers who made errors.
Choose Vivek Russia criticized the tendency of native authorities to resort to demolitions “by growing procedures with out respecting the precept of pure justice.” Russia additional stated: “It appears that evidently on this case additionally a felony case was registered towards the family members of the petitioners and the demolition was carried out.”
Following the HC directives, the commissioner of Ujjain Muncipal Company examined the circumstances and reported that the petitioners' homes lacked the required constructing permissions. Nevertheless, the 'spot panchnama' drafted by civic officers acknowledged that the notices had been served to the earlier house owners, not the present ones.
Russia criticized a “drastic demolition motion” based mostly on a “invented” panchnama ready with out on-site verification.
“The commissioner has conveniently averted explaining the main points of the property tax deposit on the premise that the server is down…the company has bodily information of the property tax fee, which might have verified who’s depositing the tax for this home,” stated HC. .
Noting that the petitioners had bought homes, not open land, Russia emphasised that regularization slightly than demolition ought to have been explored. “Demolition needs to be the recourse, that too after giving the proprietor enough alternative to regularize the home,” she stated. The petitioners had been instructed to legalize their constructions by making use of for a building allow.
Choose Vivek Russia identified the illegality of the act, carried out in Sandipini Nagar on December 13, 2023, with out prior notification to the petitioners Radha Langri and Vimal Gurjar or giving them the chance for a listening to. They approached HC after the demolition. Russia additionally ordered disciplinary measures towards brokers who made errors.
Choose Vivek Russia criticized the tendency of native authorities to resort to demolitions “by growing procedures with out respecting the precept of pure justice.” Russia additional stated: “It appears that evidently on this case additionally a felony case was registered towards the family members of the petitioners and the demolition was carried out.”
Following the HC directives, the commissioner of Ujjain Muncipal Company examined the circumstances and reported that the petitioners' homes lacked the required constructing permissions. Nevertheless, the 'spot panchnama' drafted by civic officers acknowledged that the notices had been served to the earlier house owners, not the present ones.
Russia criticized a “drastic demolition motion” based mostly on a “invented” panchnama ready with out on-site verification.
“The commissioner has conveniently averted explaining the main points of the property tax deposit on the premise that the server is down…the company has bodily information of the property tax fee, which might have verified who’s depositing the tax for this home,” stated HC. .
Noting that the petitioners had bought homes, not open land, Russia emphasised that regularization slightly than demolition ought to have been explored. “Demolition needs to be the recourse, that too after giving the proprietor enough alternative to regularize the home,” she stated. The petitioners had been instructed to legalize their constructions by making use of for a building allow.