Madhya Pradesh HC slams the trend of bulldozing houses without complying with procedures

The Madhya Pradesh High Court criticized the Ujjain Municipal Corporation for demolishing houses without adhering to the principles of natural justice, calling it a prevailing fashionable trend.

The court granted compensation of Rs 1 lakh to Radha Langri and Vimla Gurjar, whose homes were demolished without proper notice and procedure.

Langri, one of the petitioners, claimed that her houses were razed without any prior notice, while Gurjar, who received a demolition notice, obtained a stay from the High Court. In its ruling on February 1, Justice Vivek Rusia emphasized that local administrations and bodies seem to be arbitrarily demolishing homes without following due process.

The court noted that a criminal case had been registered against one of the family members of the petitioners, leading to the demolitions. However, it questioned the Ujjain civic body's claim that the houses were constructed without proper building permissions.

According to the Municipal Corporation, the petitioners were not recorded as owners in revenue records, and notices were served to individuals listed as owners. The court criticized the authenticity of the documents, pointing out a "concocted" note prepared by the building inspector in Langri's case.

The court expressed concern over the lack of on-site verification and highlighted the use of a fictitious person, Parvez Khan, in the demolition proceedings. It stated that serving a notice to a non-existent entity was "highly illegal and arbitrary," calling for disciplinary action against the officers involved.

While acknowledging the importance of building regulations, the court emphasized that demolition should be the last resort, urging a proper opportunity for owners to regularize their structures. The order directed the Commissioner of Ujjain Municipal Corporation to initiate disciplinary action against officers responsible for the forged documentation.