The Madhya Pradesh High Court has imposed cost of Rs. 15000 on the Additional Commissioner Municipal Corporation Jabalpur for acted blindly by issuing notice without verifying the rights of the individual (resident) as well as rights of the Municipal Corporation related to construction of drain on the private land.
This Court is of the considered opinion that notice dated 5.8.2024 issued by Additional
Commissioner, Municipal Corporation, Jabalpur is bad and it is accordingly, hereby quashed, the court order said.
The petition succeeds and is allowed with cost of Rs.15,000 to be deposited by Additional Commissioner Municipal Corporation, Jabalpur in the registry of this Court within a period of one month from today, the court order said.
The petitioner has challenged notice dated 5.8.2024, by which, Additional Commissioner, Municipal
Corporation, Jabalpur had directed the petitioner to open the public drain which was already in existence and it was also mentioned that in exercise of power under Sections 204 and 205
of the Municipal Corporation Act, certain lanter work is to be done on the drain, the court order said.
The petitioner contended that the so called drain is situated on the personal land of the petitioner, and therefore, the respondents cannot deny her right to enjoy the said property, the court order said.
It is further submitted that if the respondents want to construct a drain, then they must acquire the land, otherwise, they cannot violate constitutional right / human right / statutory right of the
petitioner, the court order said.
The cost so deposited by Additional Commissioner shall not be reimbursed by the Municipal Corporation because it was expected from Additional Commissioner that before issuing any notice, he should have verified the rights of the individual as well as rights of the Municipal Corporation and he cannot act blindly, the court order said.
If the cost is not deposited, then the Registrar General is directed to initiate proceedings for recovery of cost and apart from that, shall also register a case for Contempt of Court, the court order said.
The voluntariness expressed by other persons will not bind the petitioner and if the petitioner is not ready or willing to give her land for construction of public drain, then under no provision
of law the respondents can encroach upon the land belonging to the petitioner, the court order said.
If the respondents (Jabalpur Municipal Corporation and others) are interested in construction of a public drain on the land of the petitioner, then it can purchase the land from the petitioner by private negotiations or it can acquire the land, the court order said.
But without acquisition or purchase by private negotiations or even by gift, the respondents cannot encroach upon the private property of the petitioner because this act would be violative of Article 300-A of the Constitution of India and no one can be deprived to enjoy the fruits of his / her property without due process of law, the court order said.
