MP High Court Directs Litigant To Implead Organisers Of Durga Puja Pandal Allegedly Erected On Railway Land

The Madhya Pradesh High Court, on Wednesday (September 24), directed the petitioner to implead the organizers of the Durga Pandal allegedly illegally erected on railway land, after the litigant raised suspicions over legality of approvals granted to the organizers.

The court was hearing a PIL filed by a Senior Citizen seeking action against the erection of illegal structures on public and railway land in Gwarighat, Jabalpur.

According to the petition, certain individuals had erected a Durga Pandal on public roads leading to Purani Bast and Bramhrishi Colony, as well as on the vacated railway land at Ramlala Mandir Chownk. 

Reference was made to an earlier submission by the petitioner regarding a temporary pandal that was being converted into a permanent metal shed. The Indian Railways, acting on the complaint, had removed the illegal construction in January 2025. 

Referring to the case of Rajendra Kumar Verma v State of Madhya Pradesh [2015 SCC Online MP 974], the petitioner contended that no structures can legally be constructed on public land and that such construction amounts to encroachment, constituting contempt of court if permission was granted unlawfully. 

On Monday the court had orally questioned the petitioner's locus standi, asking how he was personally aggrieved when the railway authorities had not raised an objection themselves. The petitioner, however, submitted that he regularly commuted through the affected area and faced obstruction due to traffic diversions. The court had then asked the petitioner to file latest photograph as well site plan of the area. 

During the hearing today, the counsel representing the railways submitted before a division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf that they have granted permission to the organisers to conduct the event. 

However, the petitioner contended that although the railways had authority to lease their land, the required permission to organize such events falls upon other authorities, including the district collector, municipal corporation, fire department and electricity department as per judicial guidelines issued in 2010 and 2015. 

The petitioner further raised suspicions about the legality of the permission granted by the Railways to the organizers.

The court thereafter directed the petitioner to implead the organizers of the pandal as respondents in the matter.  

The matter is listed on October 10. 

Case Title: Chamanlal Dohare v State of Madhya Pradesh 

For Petitioner: Advocates Achyut Govindam Tiwari and Kaustubh Tiwari

For State: Deputy Advocate General Vivek Sharma

For Union: Advocate Arnav Tiwari