1. Both the petitions involve common facts and question of law, thus they are being disposed of by this common order.

2. W.P. No. 3298/2000 is filed by the Secretary of the Gayatri Shikshan Samiti, Rajnandgaon, and Vice President of the Patel Nagar Grih Nirman Sahkari Sanstha Maryadit, Rajnandgaon, against the State, Director, Assistant Director, Town and Country Planning, Secretary Local Self Government, Municipal Corporation, Rajnandgaon, Collector (Nazul), Rajnandgaon, Dawoodi Bohra Jamat Anjuman-E-Ezzi, Rajnandgaon, and the Presiding Officer of the State Wakf Tribunal, and one Private respondent viz. Ali Asgar. W.P. No. 648/2001 is filed by the Managing Trustee, Gayatri Pariwar Trust, President, Patel Nagar Grih Nirman Sahkari Sanstha Maryadit, and the Principal, Jamuna Lalita Manik Gayatri Vidyapeeth, Rajnandgaon, against the respondents, as arrayed in other petition.

3. In the beginning of the pleadings, (in W.P. No. 3298/2000), the petitioners clearly state that the petition is not against any particular order but for a direction to the respondents to clear the 80 feet road marked in saffron colour in the map (Annexure P/3), however, in the relief clause the petitioner seeks several directions, firstly, to quash the proceedings pending before the State Wakf Tribunal (for short, "the Tribunal") in case No. 18/2000 (Ali Asgar v. State of M.P. and others), secondly, to set aside Annexure P-14, i.e. the petition of the respondent No. 10 before the Tribunal, for grant of permanent injunction against interference with the construction of wall to protect Bohra Mosque Jamat Khana etc. and the interim order dated 28.04.2000 (Annexure P15) passed by the Tribunal wherein a temporary injunction against interference with the construction with the wall for safety of the graveyard, was granted. Thirdly, a direction to the respondent No. 1 to 7 to clear the notified 80' road from encroachment and also to construct the approach road from Power House to Patel Nagar and Gayatri Vidya Peeth.

4. In W.P. No.648/2001, the petitioner seeks quashing of the notice dated 23.03.2001 (Annexure Pill) issued by the Nazul Officer, Rajnandgaon, further, to quash the Nazul Case No. 37A/20(1) 97-98 pending before the Collector (Nazul) Rajnandgaon. The petitioners further seek a direction to the State authorities to clear the encroachments done by the Dawoodi Bohra Jamat Anjuman-E-Ezzi on 80' road joining Power House and the petitioner society.

5. The facts, in brief, as projected by the petitioners, in W.P. No. 3298/2000 are that the petitioners are running a school namely Gayatri Shishu Mandir, Rajnandgaon and Jamuna Lalita Manik Gayatri Vidyapeeth, Keshar-Nagar, Rajnandgaon. The petitioner No.2 is the Vice President of the cooperative society namely Patel Nagar Grih Nirman Sahkari Sanstha Maryadit, Rajnandgaon. The Director, Town & Country Planning i.e. the respondent No.2, in exercise of his powers under section 18 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short 'the Act, 1973') invited objections in respect of Rajnandgaon Vikas Yojna, 2001 (for short, 'the Scheme'). Several objections were filed and finally, the Scheme was approved as per the map annexed at Annexure P/3. Lands were earmarked for different religions, even for Parsi religion when there was not a single Parsi citizen in the locality. Even Parsi grave yard was earmarked which was not in use. Under the Scheme, the entire city was divided into four units. The petitioners are claiming use of 80' road joining Gayatri Vidya Peeth. The first petitioner has already obtained a no objection certificate from the Municipal Corporation and the Collector (Nazul). It is admitted by the Assistant Director, Town & Country Planning that the Government has also sanctioned a sum of Rs. 5 lacs for construction of four roads out of which one is the concerned road i.e. the 80' road, as marked in saffron colour in the map.

6. Facts, in W.P. No. 648/2001, are the same to the facts in W.