- (1.)This appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypith Ko Appeal) Adhiniyam, 2005 is directed against the order dated 06.09.2006 of the learned Single Judge passed in Writ Petition No.5141 of 2006 in so far as the direction issued to the Respondents do not provide for consideration for compounding the illegal construction.
(2.)Prior to the decision impugned, direction was issued in Writ Petition No.1405 of 2000 decided on 16.11.2000 by a Single Bench to the Respondents to issue proper show-cause notice and after giving an adequate opportunity to the petitioner and after holding proper and suitable inquiry, the necessary orders should be passed.
(3.)The petitioner again approached this Court and urged that no spot inspection was carried out, much less in the presence of the petitioner, as directed by order dated 16.11.2000 and in the impugned order subsequently issued on 18.08.2006, asked the petitioner to demolish/remove the illegal construction. In view of the facts and circumstances of the case, the learned Single Judge disposed of the petition with following directions :-
"(i) Both petitioner and respondent No.2 i.e. Building Officer of respondent No.1 shall make physical spot inspection of the petitioner's house bearing No.30 (Old No.14), Jail Road, Indore on 14-9-2006 at 10.30 a.m. as requested by both the parties in presence of petitioner;

(ii) The inspection shall be carried out on that day between 10.30 a.m. onwards;

(iii) A joint report shall be prepared which will be duly signed by petitioner as well as building officer pointing out therein the exact/specified illegal construction made by the petitioner which is contrary to the sanctioned map;

(iv) Any illegal construction if noticed in the joint inspection, the same shall be demolished/removed by the petitioner within one week from the date of joint inspection;

(v) In case if petitioner does not remove/demolish the illegal construction if found to exist after spot inspection within the time fixed by this court, the respondent will be entitled to remove/demolish the said structure immediately on expiry of the period fixed by this court;

(vi) No fresh notice shall be given to the petitioner for such demolition if required to be done by the respondents on the expiry of the period fixed by this Court;"