The Jabalpur Bench of the Madhya Pradesh High Court directed the Collector, Hoshangabad, to decide the representation against illegal construction of marriage garden in two months while disposing of a PIL.
The PIL was 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 bearing Khasra No.107/11 ad-measuring 1.137 hectares out of which 1.00 acres of land was applied for conversion for commercial purposes on 21.12.2015. The Sub Divisional Officer (SDO) invited objections to the application and finally vide order dated 26.3.2016 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 dated 26.3.2016 the respondents No.4 and 5 preferred an appeal before the Court of Additional Collector, Hoshangabad, who vide order dated 24.8.2016 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 24.8.2016, 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 vandalized the Government property i.e. railing of the N.H.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 , informed by the Petitioner.
The Division Bench of Chief Justice Mohammad Rafiq and Justice Sanjay Dwivedi while considering the PIL has ordered that “this writ petition is disposed of requiring the petitioners to approach the Collector, Hoshangabad for redressal of their grievance by way of a representation, who shall decide the same after affording opportunity of hearing to the petitioners as well as respondents No.4 and 5, within two months.”