Back
High Court Of Madhya Pradesh
P. D. MULYE, R. K. VIJAYVARGIYA
CHANDMAL - Appellant
Versus
STATE - Respondents
M. P. 725 Of 1983
Decided On : 09/10/1984
LAND ACQUISITION - COMPULSORY ACQUISITION - PUBLIC PURPOSE - INDUSTRIAL DEVELOPMENT - URGENCY - DISPENSATION OF SECTION 5-A OF THE LAND ACQUISITION ACT - VALIDITY - PUBLIC PURPOSE - INDUSTRIAL ESTATE - URGENCY - DISPENSATION OF SECTION 5-A OF THE LAND ACQUISITION ACT - VALIDITY.
Fact of the Case:
The petitioners challenged the compulsory acquisition of their lands for the establishment of an industrial area in Pithampur, Dhar district, Madhya Pradesh. They contended that there was no case of emergency, that the acquisition was for the benefit of a specific company and not for the establishment of an industrial area, that the compensation was not being paid by the State Government but by the company, that no notice was given to them, and that there was discrimination in acquiring their lands.
Finding of the Court:
The court found that there was a case of emergency as the State Government wanted to set up an industrial area in a backward district to attract industries and provide employment opportunities. The court also found that the acquisition was not for the benefit of a specific company but for the establishment of an industrial area, that the compensation was being paid by the State Government, that notice was given to the petitioners, and that there was no discrimination in acquiring their lands.
Issues: 1. Whether there was a case of emergency justifying the acquisition of the petitioners' lands. 2. Whether the acquisition was for the benefit of a specific company or for the establishment of an industrial area. 3. Whether the compensation was being paid by the State Government or by the company. 4. Whether notice was given to the petitioners. 5. Whether there was discrimination in acquiring the petitioners' lands.
Ratio Decidendi: 1. The court held that the State Government had applied its mind to the question of urgency and that there was a case of emergency justifying the acquisition of the petitioners' lands. 2. The court held that the acquisition was not for the benefit of a specific company but for the establishment of an industrial area. 3. The court held that the compensation was being paid by the State Government. 4. The court held that notice was given to the petitioners. 5. The court held that there was no discrimination in acquiring the petitioners' lands.
Final Decision: The court dismissed the petitions with costs.
( 1 ) THIS order shall also govern the disposal of M. P. No. 718 of 83 (Rameshchandra v. State of M. P. ).
( 2 ) BOTH these petitioners have filed these writ petitions under Art. 226 of the Constitution, arising out of proceedings under the Land Acquisition Act, whereby their lands situated in village Pithampur, District Dhar are being compulsorily acquired by the State Government for the establishment of industrial area. Respondent 1 is the State of M. P. respondent No. 2 is the Collector and District Magistrate, Dhar; respondent 3 is the Land Acquisition Officer, Directorate of Industries M. P. Bhopal; respondent 4 is the General Manager, District Industries Centre, Dhar; respondent 5 is the M. P. Audyogik Kendra vikas Nigam (Indore) Ltd; and respondent 6 is M/s. Bajaj Tempo Ltd. Poona.
( 3 ) THE facts giving rise to these petitions may be stated, in brief, thus: The State of Madhya Pradesh is industrially a backward state. The Govt. of India decided to industrialise the backward districts of the various States so that these backward districts are provided with employment potentials and the industrialisation may remove the economic backwardness of these areas. The industrialisation of backward districts will give various facilities like road, power, employment and economic betterment of the people of these backward areas and with special emphasis to the tribal areas. Accordingly the State of Madhya Pradesh wanted to set up Pithampur Industrial Area (Estate) in the No-industry and backward district of Dhar. For this purpose the State of M. P. set up four M. P. Audyogik Kendra Vikas Nigams subsidiaries of the Madhya Pradesh Audyogik Vikas Nigam. The main function of M. P. Audyogik Kendra Vikas Nigam is to acquire, develop and distribute lands to the industrialist enterpreneurs from any part of the country who want to set up industries in the backward areas of the State of Madhya Pradesh. The four M. P. Audyogik Kendra Vikas Nigams are at Indore, Rewa, Raipur and Jabalpur, which are entrusted with the industrial development of backward areas specially.
( 4 ) THE Government of India classified backward districts into categories A, B and C. The 'a' category is the most backward and gets maximum incentives from the Government of India and the State Government 'a' category includes No Industry districts. The Government of India covered 18 districts as 'no Industry Districts' but of 23 backward districts that are recognised as most backward districts by the Government of Madhya Pradesh. These 18 districts include Dhar and Jhabua. Out of these 18 No Industry Districts Dhar and Jhabua districts come under the M. P. Audyogik Kendra Vikas Nigam (Indore) Ltd. , Indore.
( 5 ) THE Government of India in order to encourage industrialists by way of policy is giving permission/licences/d. G. T. D. (Director General Technical Development) registration in No Industry Districts for which they have announced maximum concessions for industries in No Industry Districts in various ways which are set out by the respondents 1 to 5 in para 5 of their returns as also the concessions which will be given by the State of M. P. which are mentioned in para 6 of their returns. These concession/incentives are announced by the Government of India and the Government of Madhya Pradesh for inducing, attracting and encouraging the industrialists entrepreneurs from outside the State of M. P. to invest and set up industries in the No Industry districts/backward districts of Madhya Pradesh and to implement the aforesaid policy of rapid industrialisation of the No Industry districts the State Government decided to establish Industrial Estates at Meghnagar in Jhabua district and at Pithampur in Dhar district.
( 6 ) IT is in this background that the big industrialists enterpreneurs like respondent 6 M/s. Bajaj Tempo Limited, Poona and others submitted their application for setting up their industries in the Industrial Area at Pithampur, district Dhar for
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
