The Madhya Pradesh High Court has issued a stern warning to the Gwalior municipal authorities for their failure to curb illegal constructions, directly linking such negligence to recent fatal disasters. The court explicitly cited the tragic incident in Indore, where multiple lives were lost, as a grim reminder of the consequences of civic inaction.
Court Order and 15-Day Ultimatum
In a decisive order, the Gwalior bench of the High Court, led by Justice G S Ahluwalia, directed civic officials and shopkeepers to remove all encroachments within the next 15 days. The order was passed while hearing Civil Revision No. 235/2018, filed by shop owners challenging a demolition order under the Municipal Corporation Act.
While the court granted partial relief to the petitioners regarding internal alterations to their shops, it took a firm stand against the unauthorized construction outside the premises. The court ordered the removal of a tin shed with permanent structures that was erected without municipal approval.
Indore Tragedy: A Stark Warning
In one of the most forceful sections of the order, the bench referenced the recent Indore civic tragedy. The court noted that reports indicated up to 20 fatalities, though official administrative figures placed the toll at 6. Justice Ahluwalia observed that this incident, which has also been taken up by the Indore Bench of the High Court, was a direct result of civic failure.
"The recent incident of the Indore municipal corporation, as well as the existing condition of the city of Gwalior, clearly shows that municipal corporations are not working as per the duties assigned to them under the Act," the court stated. It described this failure as turning cities into potential disaster zones.
A "Word of Advice" and a Call for Strict Enforcement
The court issued what it termed a "word of advice" to the Commissioner of the Gwalior Municipal Corporation. It urged the official to learn critical lessons from the Indore disaster and ensure strict enforcement of building laws to prevent another tragedy.
Justice Ahluwalia emphasized that granting building permission is not a mere formality. Municipal bodies have a statutory duty to scrutinize compliance with Floor Area Ratio (FAR), Bhumi Vikas Niyam, and the Master Plan. The court questioned why the civic body did not intervene at an early stage, stating that unchecked illegal construction directly endangers public safety.
"If somebody raises construction in violation of the Municipal Corporation Act or the Master Plan, it is the bounden duty of the corporation to ensure that buildings are as per law," the order read.
Strict Consequences for Non-Compliance
The court set a clear and strict deadline for compliance. It warned that if the unauthorized external construction is not removed within the stipulated 15 days, the corporation must carry out a forcible demolition on the 16th day, without issuing any fresh notice. Furthermore, any such demolition action would be conducted at the cost of the violators, placing the financial burden squarely on those who flouted the rules.
This order underscores the judiciary's growing impatience with civic negligence across Madhya Pradesh, demanding proactive governance to safeguard citizens from man-made disasters.
