INDORE DEVELOPMENT AUTHORITY Vs. TOWN AND COUNTRY PLANNING DEPTT. & OTHERS
LAWS(MPH)-2018-3-4
HIGH COURT OF MADHYA PRADESH (AT: INDORE)
Decided on March 01,2018

INDORE DEVELOPMENT AUTHORITY Appellant
VERSUS
Town And Country Planning Deptt. And Others Respondents

JUDGEMENT

VIRENDER SINGH, J. - (1.) Heard on the question of admission as well on ad-interim relief.
(2.) This intra court appeal has been filed against the order dated 19.6.2017, passed by the writ court by which the learned writ court affirmed the order and direction issued by the revisional authority to the appellant - IDA for preparing modified plan, after excluding the land in question belonging to the respondents No.2 from the Scheme No.171, within a period of one months.
(3.) The respondent No.2 is owner of land ad-measuring 0.768 hectare of Survey No.138, situated in village Khajrana of Tehsil and District - Indore. By gazette notification dated 4.8.2006 published under Section 50(7) of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (herein after referred as 'Adhiniyam'), the land of the respondent No.2 was included in the aforesaid Scheme No.132. Thereafter, the Government of M.P. issued a notification in the official gazette under Section 4 of the Land Acquisition Act on 18.8.2006, for acquisition of the various lands included in the Scheme No.132 framed by the appellant. The legality of the Scheme framed by the appellant and the acquisition notification issued by the State Government were challenged in Writ Petition No.14605 of 2006 by one M/s. Shree Ram Builders, which was allowed on 14.8.2007 whereby, the Scheme No.132 framed by the IDA and the land acquisition proceedings initiated and notifications issued by the State Government were declared to be illegal and were quashed. The order of the learned Single Judge was upheld in W.A.No.1455 of 2017 by the Full Bench on 24.4.2009. However, the appellant was granted liberty to declare a fresh scheme, within a period of three months under the provisions of Section 50 of the 'Adhiniyam' and further the development permissions granted by the State Government in favour of the land owners was ordered to be kept in abeyance for a period of three months. The Special Leave Petition filed against the aforesaid order was withdrawn by the IDA as infructuous, as new Scheme was framed by the appellant (Scheme No.172). It has been further stated that respondent No.2 being aggrieved by the inclusion of the land in Scheme No.171 submitted his objection before the IDA under Section 50(3) of the 'Adhiniyam' and the objection was rejected vide order dated 26.03.2012. The lands of the respondent No.2 ownership were included in Scheme No.171 by the appellant/IDA in its notification dated 19.6.2009 and the final notification was issued on 12.10.2012 under Section 50(7) of the 'Adhiniyam'. The aforesaid notification was challenged by the respondent No.2 in a revision under Section 51 of the 'Adhiniyam'. The revisional authority allowed the revision and a direction was issued to the IDA for preparing a modified plan, after excluding the land in question belonging to the respondent No.2 (M/s. Neville Builder Pvt. Ltd.) from the Scheme No.171, within a period of one month.;


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