The High Court has declared the vegetable market built on the drain as illegal

The High Court has declared the vegetable market built on the drain by the Kukdeshwar Nagar Panchayat as illegal and has ordered its demolition. The court has directed the Nagar Panchayat to shift the market to a safe location.

The High Court has declared the construction of a vegetable market and shops on the drain near the Neemuch-Kota state highway as illegal while hearing a public interest petition. The petitioners alleged that the construction work was done in violation of Rule 50 of the Madhya Pradesh Land Development Rules, 2012.

The petitioners had submitted a proposal for the construction of the vegetable market, which was rejected by the Director, of Town and Country Planning on July 18, 2012. However, the Nagar Panchayat presented a revised plan, which was approved with the condition of following Rule 50. However, the construction was done on the drain, which is obstructing the flow of water. The petitioners presented evidence in the form of photos, which showed the construction of pillars on the drain, and argued that the market is harmful to the health of residents.

During the hearing, the court found that the Nagar Panchayat had obtained permission for the construction of the market, but the permission was only for construction on an open space, not on the drain. The court said that the construction is illegal due to the violation of Rules 50(b), 50(e), and 50(g). The court also stated that the construction of the vegetable market on the drain is hazardous to health and the environment and should be removed.

The court has directed the Kukdeshwar Nagar Panchayat to shift the market to a safe location and demolish the existing structure. The court has also instructed the Neemuch Collector to initiate the process of recovering the cost of demolition and taking punitive action against the responsible persons.

What will happen to the shopkeepers?

The newly constructed vegetable market on the government drain is still not fully occupied, and many shops and stalls are lying vacant. The shops and stalls have been sold through auction, and now if the market is demolished, what will happen to the people who have bought them at high prices? Who will take responsibility for this?

The order has to be followed

Regarding this, the Chief Municipal Officer of Kukdeshwar Nagar Panchayat, Kamal Singh Parmar, said, “Whatever the decision is, we have to follow it.”

Neemuch Collector Himanshu Chandra said, “We will follow whatever order is given by the High Court.”