MP High Court Orders BMC To Reconsider Sealing Action

The Madhya Pradesh High Court has directed the Bhopal Municipal Corporation (BMC) to reconsider its action against properties allegedly being used for commercial purposes in a residential area.

The court's order was passed by Justice Vishal Mishra while disposing of a petition filed by Vinod Kumar Singh and others against the BMC and other authorities.

The petitioners had challenged a September 5, 2022, show-cause notice that threatened sealing and demolition of their freehold property. They claimed that the area had been earmarked for commercial use under the applicable master plan and that the property had already been converted from leasehold to freehold.

The BMC agreed to reconsider the matter after taking the petitioners' response and relevant documents into account. The court granted the petitioners seven days to submit a detailed reply, if they had not already done so, and directed the authorities to provide them an opportunity of hearing.

The BMC said the entire exercise would be completed within four weeks. The court also directed the authorities to consider the Supreme Court judgment in Rajendra Kumar Barjatya and Another vs UP Avas Evam Vikas Parishad and Others.

The interim protection granted on September 21, 2022, will remain in force until a final decision is taken. Meanwhile, former minister PC Sharma began a 31-hour fast at Roshanpura Square on Friday, demanding implementation of Bhopal's master plan.

Former urban administration minister Jaivardhan Singh alleged that the BJP government was delaying a new master plan because of corruption and commission-based practices. The Joint Residents' Struggle Committee has also objected to a proposal to declare an area extending nearly 500 meters on either side of the Bhopal Metro corridor as a Transferable Development Rights (TDR) receiving zone.

Representatives Vivek Tripathi and Lavneesh Bhati demanded public disclosure of the detailed map, affected khasra numbers, development limits, and construction norms. They also sought an assessment of the proposal's impact on water bodies, forests, protected areas, and low-density residential areas.

BMC commissioner Sanskriti Jain said the corporation would prepare the plan in compliance with the court's order and proceed with further action accordingly. The court's order is a significant development in the ongoing dispute between the BMC and property owners in Bhopal.

The case highlights the need for clarity and transparency in the implementation of master plans and development regulations in urban areas. The court's direction to the BMC to reconsider its action and provide an opportunity of hearing to the petitioners is a step towards ensuring that the rights of property owners are protected.

The outcome of this case will have implications for the development of Bhopal and the implementation of its master plan. The city's residents and property owners will be watching the developments closely, as the court's decision will impact the future of the city's development and growth.

In conclusion, the Madhya Pradesh High Court's order is a significant development in the ongoing dispute between the BMC and property owners in Bhopal. The court's direction to the BMC to reconsider its action and provide an opportunity of hearing to the petitioners is a step towards ensuring that the rights of property owners are protected.