GANGABAI W/O OMKAR Vs. STATE OF M P

JUDGEMENT

(1.) The prayer in the petition is that the notification No. f3-2005/32 dated 12-9-2005 regarding implementation of Maheshwar Development Plan be quashed and the application dated 22-6-2011 filed by petitioners for diversion along with layout plan attached to it be deemed to be allowed with a direction to the respondents to grant permission to the petitioners for development. Short facts of the case are that the petitioners filed the petition alleging that petitioners are owner of land bearing Survey Nos. 30/1/1/3/1 and 32/1 measuring 2.622 hectare of land situated at village Maheshwar. In the petition it is alleged that petitioners moved an application on 22-6-2011 under section 172(1) of M.P. Land Revenue Code, 1959 for diversion. Upon the application filed by petitioners no order was passed by respondent No. 4. In the petition it is alleged that on 3-10-2011 petitioners moved an application wherein it was prayed that permission for diversion be granted. Vide application dated 7-11-2011 petitioners requested the respondent No. 4 that Patwari be directed not to create hurdle in raising boundary wall over the land of the petitioners. Further case of petitioners was that vide letter dated 23-12-2011 Secretary, Gram Panchayat, Kharadi, Tehsil Maheshwar, Distt. Khargone informed that there is no publication of Maheshwar Development Scheme in the Gazette. It was also informed that the Secretary of Gram Panchayat, Kharadi is having no knowledge about the land use or publication of any notification about the development plan. Vide letter dated 23-11-2012 Secretary, Gram Panchayat, Lawadi, Tehsil Maheshwari, Distt. Khargone informed the petitioners that since no information is published about the land use, therefore, copy of notification cannot be provided to the petitioners. Further case of petitioners is that respondent No. 2 thereafter supplied copy of development plan to the petitioners which is known as Maheshwar Development Plan alleging that the same was published in the official Gazette on 30-9-2005. In the petition it is alleged that since the publication of notification is not as per provisions of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam (which shall be referred hereinafter as 'Adhiniyam') and the application was not disposed of by the respondent No. 4 in time, therefore, petitioners are entitled for deemed permission. It is prayed that the petition be allowed and relief as prayed be granted.

(2.) In the reply filed by State it is alleged that it is not disputed that application was filed by the petitioners on 22-6-2011 for change of use land. It is alleged that since the notification of Maheshwar Development Plan has already been issued on 12-9-2005, for which no objection was filed by the petitioners, therefore, petitioners have no right to challenge Maheshwar Development Plan, which has already notified in the year 2005. It is submitted that the application dated 22-6-2011 filed by petitioners for change of land use was forwarded by the SDO, Mandleshwar to the Dy. Director, Town & Country Planning, Khandwa vide, letter dated 25-6-2011. It was alleged that in response to forwarded letter dated 25-6-2011 Dy. Director, Town & Country Planning, Khandwa considered the matter of the petitioners for change of land use and it was found that the application filed by the petitioners is contrary to the Rules and provisions of Maheshwar Development Plan, therefore, vide letter dated 30-7-2011 the same was rejected. It is submitted that since the development plan has been approved by the State Government as per section 19(1) of the Act and the same has been published in the Gazette on 30-9-2005, therefore, action taken by the answering respondents in the matter of petitioners-is just and proper. It is submitted that the petition be dismissed.

(3.) Heard the arguments of both the parties at length.