High Court MP HC directs Hoshangabad Collector to decide on illegal...

MP HC directs Hoshangabad Collector to decide on illegal construction of marriage garden in 2 months

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Jabalpur, Apr 7 (ILNS) The Jabalpur Bench of Madhya Pradesh High Court, while disposing of a Public interest Litigation (PIL), directed the Collector, Hoshangabad, to decide on the representation against illegal construction of marriage garden in two months.

The Division Bench of Chief Justice Mohammad Rafiq and Justice Sanjay Dwivedi gave the verdict on a petition jointly filed by Krishna Gopal Choukdey, A Rameshan and Brij Kishore Jatav, seeking direction against the respondents No 4 and 5 (Private Respondent), who have built their marriage garden in an illegal manner.

According to the petition, respondent No 4 and 5 have applied for conversion of the land measuring 1.137 hectares, out of which 1.00 acres of land was applied for conversion for commercial purposes on December 21, 2015. The Sub Divisional Officer (SDO) invited objections to the application and finally vide order dated March 26, 2016, the respondents’ application was rejected on the ground that the land in question falls in a submergence area of a dam.

Being aggrieved by the order, the respondents No.4 and 5 preferred an appeal before the Court of Additional Collector, Hoshangabad, who vide order dated August 24, 2016, set aside the order of the SDO and the conversion of the land for commercial purpose was allowed and directed the Revenue Inspector to decide the rent as per the provisions contained in Section 172(3)(gha) of the Madhya Pradesh Land Revenue Code, 1959.

In compliance of the order dated August 24, 2016, the Revenue Inspector decided the rent. Thereafter, the respondents No 4 and 5 started construction over the land in question and while raising such construction, no permission was taken from the Government authorities, the petition said.

It was alleged in the PIL that the respondents No 4 and 5 have even vandalised the Government property – railing of the NH 69, to make way to their marriage garden without any permission. They have also obtained electricity connection over the land in question without taking any permission from the competent authority, the Petitioner informed the Court. ILNS/SNG/RJ

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