The Division Bench passed the interim stay while hearing an appeal filed by the BMC challenging the earlier verdict. Notices have been issued to all concerned parties, and the matter has been listed for further hearing on February 18, 2026.
The case stems from the demolition of allegedly illegal constructions by builder Marlin Buildcon in Bhopal. The Single Bench of the High Court had earlier ruled that the civic body carried out the demolition in violation of binding Supreme Court guidelines, and had found Commissioner Jain guilty of contempt for non-compliance with court directions. The bench had fixed February 6, 2026, for hearing on the quantum of punishment.
Challenging this finding, the BMC moved the Division Bench, arguing that the Single Bench order warranted reconsideration. Acting on the plea, the Division Bench stayed the contempt finding against Jain, effectively halting the sentencing proceedings until the matter is examined in detail.
In its earlier judgment, the High Court had strongly criticised the Bhopal Municipal Corporation, observing that the manner in which the demolition was executed amounted to a challenge to the rule of law. The court noted that the Supreme Court has laid down a mandatory procedure for the removal of illegal constructions, aimed at ensuring due process and protecting property rights.
These guidelines require authorities to issue a detailed show-cause notice specifying allegations, grant a personal hearing to the affected party, record the proceedings, pass a reasoned final order, and provide an opportunity for appeal. The Single Bench held that the BMC bypassed these safeguards and proceeded with demolition without following the prescribed legal process.
The ruling came in the matter titled Marlin Buildcon Pvt Ltd vs. Bhopal Municipal Corporation, which has since assumed wider significance in debates around administrative accountability and adherence to judicial norms by civic authorities.
With the Division Bench now seized of the matter, the High Court will re-examine whether the contempt finding against the Commissioner was legally sustainable. The outcome of the February 18 hearing is expected to have implications for municipal governance and enforcement actions against illegal constructions across Madhya Pradesh.
