1. Dispute regarding the grant of a certificate for utility connections in an illegal colony under the proviso to Section 30, Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982. (Para 2 , 3 , 4 )
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1996 Supreme(SC) 1769
SUPREME COURT OF INDIA
B.P.Jeevan Reddy : K.S.Paripoornan
Administrator, Nagar Palika
Versus
Bharat
Date of Decision : 10/29/96
Important Points
While granting certificates for utility connections in illegal colonisation areas under the MP Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, the Collector must interpret 'public interest' broadly, considering the Act's purpose, health, environment, and the general public's welfare, rather than solely the interests of the residents.
Subject
Administrative Law - Municipal Law
Act Referred
Headnote
Madhya Pradesh Municipalities Act – Section 182 - obtain permission for construction - constructions made in the said area are illegal. It is, however, not brought to our notice that any action was taken under the Madhya Pradesh Municipalities Act for violation of the said conditions. Be that as it may, in the year 1982, the Madhya Pradesh Legislature enacted "The Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982". This Act was made to provide for punishment of specific corrupt practices resorted to by the officials and other persons in connection with the affairs, of the State and local authorities. Chapter VIII sets out the provisions relating to illegal colonisation. Illegal colonisation is made a punishable offence. Any officer who facilitates or allows any such illegal colonisation is also punishable. The land involved in illegalcolonisation is liable to be forfeited – Held, We do not think that the High Court was right in saying so. The proviso says that notwithstanding that it is an illegal colony, the Collector may certify in the public interest that there is no objection to provide electric and water-supply connections to the buildings situated in the illegal colonisation area. The proviso does not specify the factors which should be taken into consideration while determining the public interest. In such a situation it is obvious that the public interest has to be understood and interpreted in the light of the entire scheme, purpose and object of the enactment. The Collector has to weigh the contending considerations and come to a conclusion. Public interest also does not mean the interest of the persons covered by illegal colonisation area alone but may extend to the public of the entire town. The Collector will naturally have to take into consideration the hazard to health and environment of not only the persons residing in the illegal colonisation area but of the entire town, as well as the provisions and the scheme of the 1982 Act, while taking the decision. Subject to this clarification, the direction made in the impugned order of the High Court is sustained. - THE appeal is disposed of
Legal Category Hierarchy
Table of Contents
2. Whether the status of an illegal colony or title disputes are irrelevant factors for the Collector when certifying public interest for utility connections under Section 30. (Para 4 )
3. Public interest for utility connections must be interpreted based on the Act's overall purpose, considering health, environment, and the interest of the entire town, not just residents. (Para 5 )
4. Determination of public interest under the proviso to Section 30 requires weighing contending considerations against the enactment's overall scheme, purpose, and object. (Para 5 )
5. High Court direction sustained with clarification on interpreting public interest; authorities may still take legal action against illegal colonisation or title. (Para 5 , 6 , 7 , 8 )
6. How should public interest be interpreted when the Collector considers granting a certificate for utility connections in an illegal colony under Section 30?
Public interest must be interpreted in light of the entire scheme, purpose, and object of the enactment. The Collector must weigh contending considerations, including hazards to health and environment for the entire town, rather than focusing solely on the interests of the residents of the illegal colony. (Para 5 )
7. Does the grant of a certificate for utility connections in an illegal colony preclude further legal action against the colonisation?
No. The grant of such a certificate or court directions regarding it do not prevent authorities from taking necessary legal action under the relevant Municipalities Act or the 1982 Act against illegal colonisation or title disputes. (Para 6 )
(1) LEAVE granted.
(2) HEARD the counsel for the parties. In Neemuch town in Madhya Pradesh there are a number of bungalows with large compounds. We are concerned with one such bungalow, bearing No. 58, said to be located in Plot No. 27-B. By an order dated 30-3-1969 the Municipal Council, Neemuch sanctioned under Section 182 of the Madhya Pradesh Municipalities Act, the layout submitted by one Ms Contractor. The permission was granted subject to the condition that
"THE applicant will have to make her own arrangement for pucca roads, the necessary drains for outlet of water, lighting poles as per the requirements of the Madhya Pradesh Electricity Board, and, the necessary arrangement of pipelines for drinking water as per the scheme".
It was further stipulated that
"ONLY after the entire arrangement is made the applicant shall have the right to sell plots according to the scheme or to obtain permission for construction thereon and then only the buyers shall have any rights. Before construction or sale, the applicant shall have to obtain certificate regarding the entire said work being completed from the Municipal Council".
After the said permission was granted, the plots in the said bungalow area were sold. There is no material before us to indicate how many plots were made and when they were sold.
(3) THE case of the Municipal Council is that the conditions of the said permission were violated and, therefore, all the constructions made in the said area are illegal. It is, however, not brought to our notice that any action was taken under the Madhya Pradesh Municipalities Act for violation of the said conditions. Be that as it may, in the year 1982, the Madhya Pradesh Legislature enacted "The Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982". This Act was made to provide for punishment of specific corrupt practices resorted to by the officials and other persons in connection with the affairs, of the State and local authorities. Chapter VIII sets out the provisions relating to illegal colonisation. Illegal colonisation is made a punishable offence. Any officer who facilitates or allows any such illegal colonisation is also punishable. The land involved in illegalcolonisation is liable to be forfeited. We are, however, concerned in this matter with the proviso to Section 30 occurring in Chapter VIII. Section 30 reads as follows:
"30. Punishment for abetment of the offence of illegal construction. Whoever, in the area of illegal diversion or illegal colonisation (i) being an officer, having power to sanction layout or sanction a map for the construction of a building, grants, sanction or approves such layout or the map; or (ii) being an officer under a primary duty to do so knowingly omits to report illegal diversion of land or illegal construction of a building in such an area to the proper authority; or (iii) being an officer or the authority competent to sanction electrical or water supply connection grants such sanction with respect to the building in such area; or (ii) illegally influences the officers aforesaid in granting such sanction or in omitting to make a report of such diversion of land or construction of a building in such area, shall be punished with imprisonment of either description which may extend to one year or with fine or both: Provided that nothing contained in clause (iii) shall apply to the cases covered thereby where the Collector of the district concerned certifies that in the public interest there is no objection to provide electrical and water supply connections to the buildings in the area of illegal diversion or illegal colonisation in existence immediately prior to 30-10-1982."
(4) THE respondent herein, namely, Bharat s/o Udai Lal Jaroli filed a writ petition in the Madhya Pradesh High Court, calling it a public interest litigation, on behalf of the house-owners in the said Bungalow No. 58 for issuance of an appropriate writ, order or direction to the C
