Madhya Pradesh High Court: Vandana Kasrekar, J., directed the petitioner to send a list of its members to the respondent and respondent shall consider their entitlement if found eligible.

The petitioner has filed the present petition challenging the action of the respondent in demolishing the shops of the members of the petitioner.

The facts were that the petitioner was granted 36 small shops/plots to carry on their business way back in the year 1960 and they were regularized by the respondent/s in the year 1972 on the basis of the payment of rent on daily basis. In the year 1997, a demolition notice was sent to the petitioner to remove their shops. Thereafter, it was resolved that the shops allotted to the petitioner can be given on lease. Thereafter, respondent vide notice increased the rent of the said shops/ plots. Thereafter, Municipal Corporation passed a resolution in which, it has been resolved that the shops of Society members will be demolished and a multi-storied commercial complex will be constructed. On 24/04/2019, officials of respondent threatened the members of the petitioner that within ten days, their shops will be demolished. Therefore, the petitioner has filed the present writ petition.

The respondent stated in their reply that they will accommodate the existing allottees in the proposed Commercial Complex. Other eligible persons will be permitted to apply for allotment through the open auction process as per the 2016 Rules. The respondent will also be making alternate arrangements for its allottees, except unauthorized occupants, encroachers and persons who have made illegal constructions.

The Court directed the petitioner to submit comprehensive representation along with a list of members of the petitioner to the respondent and on receiving such representation, the respondent will consider their entitlement and will allot shops to them, if found eligible.[Sudama Anaj Kreta Vikreta Jan Kalyan Avam  Samajik Samiti v. Housing and Environment Department, 2019 SCC OnLine MP 1922, decided on 06-08-2019]

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