VIJAY KUMAR TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is admitted on the limited point pertaining to challenge of the order dated 17-12-91 Annexure P-9 issued by the State Govt. Department of Housing and Environment.

(2.) COUNSEL for petitioner submitted that respondent No. 3 Indore Development Authority is constituted under Section 38 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as the Adhiniyam of 1973 ). Petitioner is challenging whether the lands of the authority constituted under the Adhiniyam can be transferred/leased out on a concessional rate in violation of Section 57 and rules known as Madhya Pradesh Nagar Tatha Gram Nivesh Vikasit Bhoomiyon, Griho, Bhavano Tatha Anya Sanrachanaon Ka Vyayan Niyam, 1975 (hereinafter referred to as Rules ). Counsel for petitioner submitted that the Town and Country Development Authority is established under Section 38 of the Adhiniyam, the said Authority prepares the scheme for development of town by acquiring the property or transfer of property by the State Govt. Section 53 of the Adhiniyam imposes restrictions on the land used and land development which provides that from the date of publication of the declaration to prepare a town development scheme, no person shall, within the area included in the scheme, institute or change the use of any land or building or carry out any development, save in accordance with the development authorised by the Director in accordance with the provisions of this Act prior to the publication of such declaration. Section 56 provides that the Town and Country Development may at any time after the date of publication of the final town development scheme under Section 50 but no later than three years there from, proceed to acquire by agreement the land required for the implementation of the scheme, and, on its failure so to acquire, the State Govt. may, at the request of the Town and Country Development Authority, proceed to acquire such land under the provisions of the Land Acquisition Act, 1894 and on the payment of compensation awarded under that Act and any other charges incurred by the State Govt. in connection with the acquisition, the land shall vest in the Town and Country Development Authority subject to such terms and conditions as may be prescribed. Section 57 provides that the authority shall take necessary steps to develop the land vested in it under Section 56 in accordance with the provisions of the town development scheme. Section 58 of the Adhiniyam relates to disposal of land, buildings and other development works. It provides that subject to such rules as may be made by the State Govt. in this behalf, the Town and Country Development Authority shall, by regulation, determine the procedure for the disposal of developed lands, houses, buildings and other structures. Thus Section 58 lays down that the disposal of the immovable property in the hands of development authority can be transferred in terms of the rules framed by the State Govt. and the regulations of the Authority.

(3.) FOR the purpose of management of lands, rules have been framed under this Act known as Madhya Pradesh Nagar Tatha Gram Nivesh Vikasit Bhoomiyon, Griho, Bhavano Tatha Anya Sanrachnaon Ka Vyayan Niyam, 1975 (hereinafter referred to as the Niyam of 1975 ). Rule 2 of the said rules defines the authority as Town and Country Development Authority. Rule 3 of the Rules provide that no land vested in or managed by the Authority shall be transferred except with the general or special sanction of the State Govt. given in that behalf. Rule 5 of the Rules provide for the manner by which land of the Authority can be transferred. It provides that land can be transferred by direct negotiations with the party or by public auction or by inviting tenders or under concessional terms.