Madhya Pradesh HC Pulls Up Former Collector Of Gwalior For Ordering Demolition Of Shops In Total Disregard Of HC Order

The Court said that the act of the then Collector amounts to contempt, but took a lenient view and directed him not to repeat such an act in future.

The bench of Justice Sunita Yadav and Justice Milind Ramesh Phadke observed, “but is constrained to observe the behaviour of the Revenue Authorities, specially the then Collector, Gwalior who had in total disregard of the interim order of this Court dated 09.07.2022 had carried out demolition activities on 02.08.2022….Though the aforesaid act of the then Collector Gwalior amounts to contempt, but this court taking a lenient view, as a matter of caution, directs him not to repeat such an act in future.”

Advocate Anand Vinod Bhardwaj appeared for the Appellant and Advocate Prashant Sharma appeared for the Respondent.

Brief Facts-

In the present case, a complaint was filed regarding the illegal termination of a lease agreement for a shop. The lease was cancelled on grounds of contract violations, and an order was issued to vacate the shops within 30 days. A Petition challenging the termination was dismissed by the Single bench of the Court. Despite an interim order of the High Court prohibiting eviction, authorities demolished the shops.

The Court directed the Commissioner Municipal Corporation to allot land/shop to the appellants in an expeditious manner.

The Court directed the Chief Secretary to give the then Collector Gwalior a word of caution and advise him not to repeat such an act which would be derogatory to the orders of the Court and may cost him severely.

Accordingly, the Court disposed of the Writ Appeal with a direction to the Commissioner, Municipal Corporation to allot land/ shops to the Appellants.