Madhya Pradesh High Court holds proceedings late at night; It provides interim relief against the demolition of an alleged illegal structure

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The Madhya Pradesh High Court, Indore Bench comprising Justice Subodh Abhayankar conducted the proceedings at 9.10 pm on Saturday to hear a matter related to the alleged interference. The court issued a preliminary injunction against its demolition, stating that prima facie it appears that the petitioner was not properly served with proper notice to remove her alleged encroachment. Accordingly, the Court enjoined the Respondent from demolishing the Petitioner’s building until the date of the next hearing.

After due consideration of the competing submissions and after perusal of the documents available, this court prima facie finds that since the petitioner was not given proper notice to remove her alleged encroachment, this reason alone is more than sufficient. grant the petitioner a preliminary injunction. The facts of the case were that the petitioner was served with a notice to remove her alleged black structure. The petitioner claimed that her lease was subsisting, the respondents argued that it had lapsed. The authorities further claimed that the petitioner was building on the vacant land and only the aforesaid structure was being removed.

The Appellant argued before the Court that the Appellant was deprived of her valuable right to defend her property which was threatened with destruction within a short period of time as she was ordered to remove her alleged encroachment immediately. After perusal of the parities submitted and the documents on record, the Court held that it is appropriate to grant an injunction to the petitioner by restraining the respondents from proceeding with the demolition of the alleged black structure. The Court directed the Respondents to file their reply so that the Petitioner can file her rejoinder along with other documents if necessary. The case is listed for September 8, 2022