Madhya Pradesh High Courts's No To Demolish Shops In Bamniya

Indore (Madhya Pradesh): Indore bench of Madhya Pradesh High Court has disposed of a public interest litigation (PIL) challenging the construction of 11 shops on Nazul land near a congested junction in Bamniya, Jhabua district, while refusing to order their demolition.

The court, however, directed state authorities to take measures to ease traffic congestion at the busy intersection.

The PIL was filed by Shravan Kumar, a local RTI activist, who alleged that the Gram Panchayat, Bamniya, had illegally allowed the construction of a commercial complex on Survey No.144, adjacent to State Highway 39A. He argued that the project lacked mandatory approvals, violated road safety norms, and posed a grave risk to commuters and pedestrians.

Kumar contended that repeated objections by officials, including Madhya Pradesh Road Development Corporation (MPRDC), were ignored and that construction continued without a valid sanction. He also alleged that the settlement proposal authorising the shops was signed only by the sarpanch and secretary, bypassing the Panchayat body.

Two Brothers Swept Away While Immersing Grandmother's Ashes In MP's Dhar

The Gram Panchayat, however, defended the project, stating that the shops were constructed on land under its administrative control to replace illegal encroachments and promote local commerce. It argued that sufficient road width had been maintained and that the construction did not encroach on the state highway.

After hearing both sides, a division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi observed that although the location lies on a curve where traffic congestion is common, the shops were constructed in line with existing structures and did not alter the road alignment. The court noted that since the construction was already completed and the shops had been leased or sold, demolition could not be ordered in the absence of the shop owners as parties to the case.

The bench ruled that the Gram Panchayat acted within its powers under the Panchayati Raj framework and no violation of law had been established. However, it acknowledged the petitioner’s concerns over traffic jams, emphasising that the “only lasting solution” would be either widening the highway through demolition on both sides or constructing a bypass road.

Directing authorities to take interim steps, the court ordered strict action against illegal parking and roadside encroachments that reduce road width. It also suggested that the state government consider building a bypass to ease traffic through the 800-metre stretch of highway passing through Bamniya.