Not Appropriate To Entertain PIL On Demolition Drive- MP High Court Dismisses PIL Filed By Advocate

The Madhya Pradesh High Court has dismissed a PIL filed by an Advocate against the demolition drive being carried out in the state against alleged illegal structures.

The Division Bench of Chief Justice Ravi Malimath and Justice Purushaindra Kumar Kaurav dismissed the PIL filed by Advocate Amitabha Gupta inter alia praying for a direction to "bring records of the cases wherein the State police has demolished houses or other structures belonging to the accused/suspect without authority of law".

The Petitioner had arrayed the state government and the state Director General of Police as Respondents.

The Madhya Pradesh government had demolished some houses in Khargone, where violence erupted pursuant to stone pelting on the Ram Navami procession.

The Bench held that the persons aggrieved by the alleged illegal demolition have legal remedy. "On considering the contentions and the pleadings, we are of the considered view that it may not be appropriate to entertain this petition as a public interest litigation", the Court said in its Judgment.

"Even if the case of the petitioner is to be accepted that certain houses of certain persons have been demolished, necessarily those persons have a legal right to defend themselves and their properties in a manner known to law", the Bench said.

The Court also noted that it does not see any nexus between the petitioner and the persons whose properties have been demolished.

"Therefore, it is for those persons to appropriately move the Court for necessary order as they deem fit. We do not find any reason to entertain this petition on behalf of the present petitioner", the Court said while dismissing the PIL.

Click here to read/download Judgment