Headline: Demolition Only After Regularization Chance: Madhya Pradesh High Court

The provided summary highlights a key judgement by the Madhya Pradesh High Court regarding the demolition of houses built without proper permission. Here’s a breakdown of the key points:

Demolition as a Last Resort:

• The court emphasizes that demolishing a house should only be considered as a last resort.
• Authorities must prioritize providing the owner with a fair chance to rectify the situation by seeking permission or regularization.

Facts of the Case:

• The petitioners sought compensation after their houses were demolished without proper notice.
• They claimed they received prior notices and a court order granting them a stay on demolition. However, the demolition was still carried out.

Arguments:

• The petitioners argued they were the rightful owners and had faced the brunt of demolishing their houses without due process.

Respondent’s Contentions:

• The authorities argued that the petitioners lacked building permission and ownership proof for the houses.

Court’s Observations:

• The court criticized the authorities for relying solely on a fabricated document (mauka panchnama) to identify ownership.
• The judge pointed out that readily available online information on property ownership and tax records were conveniently ignored.

Court’s Ruling:

• The court ruled in favor of the petitioners due to the blatant disregard for following proper procedures and the lack of a fair chance to rectify the situation.

Case Details:

• Case Title: Radha Langri & Anr. v. The Commissioner & Ors.
• Case Number: W.P. No. 744 of 2023
• Judge: Hon’ble Mr. Justice Vivek Rusia

Additional Points:

• While the court acknowledges the importance of building regulations, it emphasizes that demolition should not be the immediate response to unauthorized constructions.
• The judgement highlights the need for proper investigations, adherence to natural justice principles, and providing opportunities for seeking building permission or property regularization.

Disclaimer: This summary is for informational purposes only and does not constitute legal advice. It’s advisable to consult a legal professional for specific situations.