BHOPAL: Rendering a rude jolt to residents of illegal colonies that were legalized during the tenure of previous Shivraj Singh Chouhan government in Madhya Pradesh, the Gwalior Bench of MP High Court struck down the rule which paved the passage for such regularization.
Hearing a Public Interest Litigation (PIL) filed by Gwalior-based advocate and social activist Umesh Kumar Bohare, a division bench of the MP High Court declared as ‘ultra vires’ the Rule 15A of MP Nagar Palika (Registration of Colonies, Terms and Conditions) Rules framed by the state government for regularization of illegal colonies, consequently leading to the annulling of the regularization of around 4000 colonies by the previous BJP government in the state.
Importantly, on May 8, 2018, the then Chief Minister Shivraj Singh Chouhan had started the process of legalizing illegal colonies, beginning from Gwalior only. Since then around 4000 colonies across the state had been legalized by the government.
On Monday, a division bench of the HC comprising Justices Sanjay Yadav and Vivek Agarwal passed the order.
The court order read, “Evidently, by incorporating Rule 15A in the 1998 Rules, a new right is created in favour of illegal colonizers/colonies, which being contrary to the stipulations contained under Sections 292E of MP Municipal Corporation Act 1956 and Sections 339E of MP Municipalities Act 1961 cannot be upheld.
Consequently, Rule 15A of the 1998 Rules is hereby declared to be ultra vires the substantive provisions contained in the 1956 Act and the 1961 Act and being beyond the competence of the State Government, a delegate of the legislature to have framed such a rule.”
As per the HC order, “Consequently on the declaration of Rule 15A of the 1998 Rules as ultra vires the substantive provisions of the Act, all actions are taken there on are declared illegal. The commissioner, municipal corporation and the competent authority of respective municipalities are directed to initiate action” under the provisions given under the Madhya Pradesh Municipal Corporation Act, 1956 and Madhya Pradesh Municipalities Act 1961.”