1. The present writ petition under Article 226 of the Constitution of India is filed by the petitioner seeking for the following reliefs :-
"(a) That, the notice dated 24.02.2026 (Annx.P/6) issued by the respondent no. 2 be quashed.
(b) Any other relief which this Hon'ble Court may deem fit in the facts and circumstances of the case against the respondents and in favour of the petitioner be granted."
2. The contention of the petitioner is that he is a tenant of a shop situated at 15 Rajwada Indore. The petitioner is running the shop of 'samosa' and 'poha' since the year 1989. The petitioner is aggrieved by the show cause notice dated 24.02.2026 (Anenxure-P-6) wherein it is stated that the building in dispute is unfit for human habitation and therefore the petitioner shall vacate the shop in question so that the dilapidated portion can be removed.
3. Learned counsel for the petitioner submits that the Division Bench of this Court in number of cases have decided the said issue and passed the orders wherein the provisions of Section 310 has been relied upon which is reproduced as under :-
"310. Removal of buildings in dangerous state.
(1) If, in the opinion of the Commissioner, any building, wall, structure including under this expression any building, wall, parapet, pavement, floor, steps, railings, door or window-frames or shutters or roof or other structure and anything affixed to or projecting from or resting on any building, wall, parapet or other structure, or any tree standing thereon, is in dangerous state, the Commissioner may by a notice in writing, require the occupier or owner thereof forthwith either to demolish or remove the building, wall, structure or any such tree or cause such repairs to be made thereto as he considers necessary for the public safety; and if the danger appears to him to be imminent, he may forthwith take such steps as may be required to avert such danger, including the forcible removal without notice from such building of all the occupiers thereof and their property.
(2) Any expenses incurred by the Commissioner under sub-section (1) shall be paid by the owner of the building, wall, structure, or anything affixed thereto.
(3) Except with the permission in writing of the Commissioner no person shall without sufficient cause enter into or remain in any building from which the occupier and his property has been removed under sub-section (1)."
4. In view of the same it is directed that the petitioner shall file a detailed reply before the respondents and the respondents shall comply with the provisions as provided under Section 310 of the Madhya Pradesh Municipal Corporation Act, 1956.
5. In the said circumstances, we direct the respondents not to take any coercive steps till the decisions taken by the authorities and the respondents shall afford an opportunity of hearing to the petitioner, who shall substantiate his case before the respondents. The respondents after hearing the objections shall pass a reasoned order .
6. Let the said exercise be completed within a period of 15 days from the date of receipt of certified copy of this order.
7. The petitioner is directed to appear before the respondent No.2, the Building Officer, Indore Municipal Corporation on 27.02.2026 at 12:00 noon along with the relevant documents and shall file a detailed objection which shall be taken on record by the respondent and thereafter on receipt of the said objection the respondents shall decide his objection and pass a reasoned order within a period of 15 days.
With the aforesaid observations, the petition stands disposed of. Certified copy as per rules.




