Back
High Court Of Madhya Pradesh
G. G. Sohani and K. N. Shukla, JJ.
CHAMELI DEVI AGARWAL - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
Misc. Petn. 457 Of 1981
Decided On : 02/16/1982
MADHYA PRADESH NAGAR TATH GRAM NIVESH ADHINIYAM, 1973 - SECTION 1(2), 1(3), 2(O), 13, 24, 25 - MADHYA PRADESH LAND REVENUE CODE, 1959 - SECTION 172 - PLANNING AREA - EXTENSION OF ACT - COMMENCEMENT OF ACT - CONDITIONS FOR DIVERSION OF LAND - VALIDITY OF CONDITIONS - NOTICE FOR REMOVAL OF CONSTRUCTION - QUASHING OF NOTICE - FALSE AFFIDAVIT - ENQUIRY AGAINST OFFICER.
Fact of the Case:
Petitioners purchased agricultural lands in village Lasudia Mori, Indore, and obtained permission to divert the land for non-agricultural purposes. They constructed a shopping complex on the land. The Joint Director, Town and Country Planning, issued a notice under Section 37(1) of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (the Adhiniyam), directing the petitioners to remove the construction. Petitioners filed an appeal under Section 31 of the Adhiniyam, which was pending before the Commissioner, Indore. The Sub-Divisional Officer (SDO), Indore, issued a notice under Section 172(5) of the Madhya Pradesh Land Revenue Code, asking the petitioners to remove the construction and restore the land to its original state.
Finding of the Court:
The Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 was not in force in village Lasudia Mori where the petitioners had constructed the shopping complex. The notices issued by the Joint Director, Town and Country Planning, Indore, and the SDO, Indore, were without the authority of law and liable to be quashed. The condition imposed by the SDO while granting permission for diversion of the land was invalid and could be ignored. The petitioners had made an application to the Director under Section 37(3) of the Adhiniyam for permission for retention of their building on the land, and till that application was disposed of, the notice automatically stood withdrawn. The officer-in-charge of the case on behalf of respondents 3 and 4 had filed an affidavit to the effect that no petition for retention under Section 37(3) of the Adhiniyam had been presented before the Director, Town and Country Planning, Bhopal, which was not true to his knowledge.
Issues: 1. Whether the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 was in force in village Lasudia Mori? 2. Whether the conditions imposed by the SDO while granting permission for diversion of the land were valid? 3. Whether the petitioners had made an application to the Director under Section 37(3) of the Adhiniyam for permission for retention of their building on the land? 4. Whether the officer-in-charge of the case on behalf of respondents 3 and 4 had filed a false affidavit?
Ratio Decidendi: 1. The Adhiniyam came into force in the area comprised within the limits of the Indore Municipal Corporation only by virtue of notification No. 1219-XXXIII dated 1-6-1973. As village Lasudia Mori fell outside the limits of the Indore Municipal Corporation, the Adhiniyam did not come into force at all so far as the area of village Lasudia Mori was concerned. 2. The conditions imposed by the SDO were invalid because the Adhiniyam was not in operation in village Lasudia Mori. 3. The petitioners had made an application to the Director under Section 37(3) of the Adhiniyam for permission for retention of their building on the land, and till that application was disposed of, the notice automatically stood withdrawn. 4. The officer-in-charge of the case on behalf of respondents 3 and 4 had filed a false affidavit.
Final Decision: The petition was allowed, the notices issued by the Joint Director, Town and Country Planning, Indore, and the SDO, Indore, were quashed, and the respondents were restrained from taking any action in pursuance of the said notices in respect of the construction made by the petitioners. Costs of the petition were borne by the respondents. An enquiry was ordered against the officer-in-charge of the case on behalf of respondents 3 and 4 for filing a false affidavit.
( 1 ) THIS is a petition under Article 226 of the Constn.
( 2 ) PETITIONERS purchased agricultural lands bearing survey Nos. 98/1/2 98/1/3 and 98/1/4 area 3. 10 acres situate at village Lasudia Mori, Tehsil and District Indore. Petitioners applied under the Madhya Pra-desh Land Revenue Code for permission to divert these lands for non-agricultural purposes. Permission was granted by the Sub-Divisional Officer Indore-Sanwer on 15-4-1981 (Annex. A ). Petitioners intended to construct a shopping complex on these lands and submitted the plan for the proposed construction for approval to the Gram Panchayat of village Lasudia Mori. The Gram Panchayat approved the plan and on the basis of the approved plan cement and other building material was allotted to the petitioners by the Civil Supplies Department of the State Government, petitioners started construction of a marketing complex and spent a considerable amount on it. When they were half-way-through, petitioners approached the Madhya Pradesh Electricity Board for electricity connection for the proposed marketing complex. The Board advised the petitioners to obtain a No Objection Certificate from the Town and Country Planning Department. Petitioner applied to the Joint Director, Town and Country Planning Department on 12-8-1981. The Joint Director refused permission on the ground that according to the Master Plan the lands could be used only for agricultural purposes. This letter dated 28-8-1981 is Annexure-C. The petitioners preferred an appeal under Section 31 of theMadhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (the Adhiniyam hereafter) which according to the petitioners is pending before the Commissioner, Indore. On 1-9-1981 a notice purporting to be under Section 37 (1) of the Adhiniyam issued by the Joint Director, Town and Country Planning, Indore was served on the petitioners to remove the construction within a period of one month from the date of the notice. The notice is Annexure-E. Peti-tioners then applied to the Director, Town and Country Planning for permission to retain the construction on the lands in question in accordance with the provisions contained in Sub-section (3) of Section 37 of the Adhiniyam. Petitioners apprehended that the Town and Country Planning Department might take action for demolition of the construction and, therefore, they filed a suit for injunction before the Civil Judge Class II, Indore on 8-10-1981 and an ex parte ad interim injunction was issued on the same day restraining the Director and Joint Director, Town and Country Planning Department from demolishing the construction until further orders. Copy of the Court's order is Annexure-F. On 10th Oct. 1931 in the early hours of the morning at about 4. 30 a. m. the Joint Director, Town and Country Planning went to the spot along with Additional Collector, Indore, Sub-Divisional Officer Indore City Superintendent of Police Indore, a posse of constables and a big gang of labourers equipped with Bulldozers, Dynamites and Cranes etc. The demolition work was started under the supervision of the officers mentioned above. A substantial portion of the construction was demolished before the petitioners came to know about it and they rushed to the spot and on the basis of the injunction issued by the Civil Court got the demolition work stopped.
( 3 ) ON 12-10-1981 Sub-Divisional Officer, Indore-Sanwer served a notice purporting to be under Section 172 (5) of the M. P. Land Revenue Code on the petitioners asking them to remove the construction and to restore the land to its original state within two days. This notice is Annexure-G.
( 4 ) PETITIONERS challenge the validity of the notices dated 1-9-1981 (Annexure-E) issued by the Joint Director, Town and Country Planning, Indore and dated 12-101981 (Annexure-G) issued by the Sub-Divisional Officer, Indore under Section 172 (5) of the Land Revenue Code and the action taken in pursuance thereof. The grounds on which the notices and the a
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
