Plea challenging demolition drive dismissed

  • | Tuesday | 17th July, 2018

IMC in response to this had claimed that only a handful of petitioners had complained regarding this and no other resident had challenged the demolition on this ground. IMC also stated on record that petitioners were repeated litigants and they had earlier challenged the demolition on different grounds and had also filed a petition seeking higher compensation. INDORE: The Indore bench of high court on Monday dismissed another petition challenging IMC’s demolition drive in central area of the city.The petitioners who were residents of Chandrabhaga alleged that IMC had deliberately shifted the central line of the street three feet towards their side to protect structures of people living on the other side and had sought remapping and demarcation of the central line.Demolitions on the road, which was challenged by the petitioner, was proposed to be 24 feet and a demarcation of 12 feet on each side of the central line had been allegedly done by IMC in discriminatory manner. The division bench of Justice PK Jaiswal and Justice SK Awasthi dismissed the petition filed by nine residents of the area, in wake of multiple order passed by principal bench of high court and the Supreme Court in many similar matters.The court referred to judgment passed by principal seat of Madhya Pradesh high court in which it was stated that the purpose for enacting such provisions (section 305 of Municipal Corporation Act) is to ensure that the streets which are the life line of the City are indispensable for holistic development of the area and including for free traffic movement.The court ruled that the demolition of encroachment and illegal construction work, being carried out by the respondents is for widening of the road and for public use, and hence no case has been made out.

INDORE: The Indore bench of high court on Monday dismissed another petition challenging IMC’s demolition drive in central area of the city.The petitioners who were residents of Chandrabhaga alleged that IMC had deliberately shifted the central line of the street three feet towards their side to protect structures of people living on the other side and had sought remapping and demarcation of the central line.Demolitions on the road, which was challenged by the petitioner, was proposed to be 24 feet and a demarcation of 12 feet on each side of the central line had been allegedly done by IMC in discriminatory manner. IMC in response to this had claimed that only a handful of petitioners had complained regarding this and no other resident had challenged the demolition on this ground. IMC also stated on record that petitioners were repeated litigants and they had earlier challenged the demolition on different grounds and had also filed a petition seeking higher compensation. The division bench of Justice PK Jaiswal and Justice SK Awasthi dismissed the petition filed by nine residents of the area, in wake of multiple order passed by principal bench of high court and the Supreme Court in many similar matters.The court referred to judgment passed by principal seat of Madhya Pradesh high court in which it was stated that the purpose for enacting such provisions (section 305 of Municipal Corporation Act) is to ensure that the streets which are the life line of the City are indispensable for holistic development of the area and including for free traffic movement.The court ruled that the demolition of encroachment and illegal construction work, being carried out by the respondents is for widening of the road and for public use, and hence no case has been made out.

If You Like This Story, Support NYOOOZ

NYOOOZ SUPPORTER

NYOOOZ FRIEND

Your support to NYOOOZ will help us to continue create and publish news for and from smaller cities, which also need equal voice as much as citizens living in bigger cities have through mainstream media organizations.


Stay updated with all the Latest Indore headlines here. For more exclusive & live news updates from all around India, stay connected with NYOOOZ.

Related Articles