Jabalpur (Madhya Pradesh): The Madhya Pradesh High Court has disposed of a petition by Bollywood actor Randeep Hooda seeking that the authorities be restrained from taking coercive action against him over alleged construction on his property near the Kanha Tiger Reserve.
The court observed that Hooda's plea was not maintainable, while also refusing to quash a show-cause notice issued to him in connection with the alleged construction near the buffer zone of the reserve.
"Whether petitioner (Hooda) is raising any construction or not, is a disputed question of fact which cannot be decided by this Court," observed the single bench comprising Justice GS Ahluwalia.
The HC made it clear that it had not considered the merits of the allegations made in the show-cause notice to Hooda or the merits of the defence raised by petitioner.
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It said the proceedings shall be decided by SDO (Revenue), Baihar in Balaghat district, strictly in accordance with evidence that would come on record.
The Sub Divisional Officer (Revenue) Balaghat had issued the notice to Hooda on June 18, referring to the report of an enquiry committee about raising construction without mandatory clearance from various departments and directed him to immediately stop the work.
The SDO had asked the petitioner to appear before the officer concerned on June 19 and submit documents concerning the clearances, if any sought. Hooda then moved the HC. The government lawyer called the plea premature.
"The petition is disposed of with observations that in case if petitioner files an application for supply of copy of enquiry report submitted by enquiry committee, then the same shall be supplied to him within a period of three days from the date of filing of such application," the court order of Thursday said and also made a series of observations.
If an application is filed by the petitioner for spot inspection in his presence, then the same shall be carried out by the Competent Authority, the court said.
"The date (for spot inspection) so fixed by SDO (Revenue), Baihar, District Balaghat, shall be binding on all the Authorities as well as petitioner," it said.
If the petitioner or his authorised person fails to participate in the spot inspection, then the petitioner shall not have any right to claim that the spot inspection was carried out in the absence of him or his authorised person, the judge said.
If the petitioner has any objection to the spot inspection, then he shall file it before the SDO within three days from the spot inspection, the court said.
"The SDO (Revenue), Baihar, District Balaghat shall decide the show cause notice after hearing the petitioner within a period of 15 days from the date of filing of spot inspection report," the Judge ordered.
If the application for supply of enquiry report or for carrying out the spot inspection is not made within 15 days from "today" (Thursday), then the court's observations shall automatically lose their effect, Justice Ahluwalia said.
Hooda's counsel submitted that the show-cause notice was issued on June 18 and the actor was directed to file his response the next day, as per the order.
"It is submitted that SDO (Revenue), Baihar, District Balaghat might have passed the final order and in that case, it may be observed that petitioner shall be free to prefer an appeal," it read.
In his petition, Hooda urged the court to quash the show-notice of June 18 and restrain the authorities from taking coercive actions against him.
Government Advocate Mohan Sausarkar called the petition premature saying no order against the interest of petitioner has been passed and an opportunity has already been granted to him to put forth his case.
Rejecting the apprehension raised by the actor that the notice was issued to him to "gain cheap popularity", he called it "baseless".
"Action shall be taken strictly in accordance with the law without any extraneous considerations," he submitted.
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