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High Court Of Madhya Pradesh
A. G. QURESHI, Y. B. SURYAVANSHI
SANJAI GANDHI GRAH NIRMAN SAHKARI SANSTHA MARYADIT - Appellant
Versus
STATE OF M.P. - Respondents
MISC. PETN. 389 Of 1987
Decided On : 08/17/1990
SCHEME - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]
Fact of the Case:
The petitioners challenged the development scheme prepared by the Indore Development Authority known as Scheme No. 94 of the Indore Development Authority for Eastern Ring Road, and the land acquisition proceedings initiated by the Collector and Ex Officio Deputy Secretary to the Government of Madhya Pradesh, Indore, for the implementation of that scheme.
Finding of the Court:
The court held that the scheme was not invalid on the ground that it was not in consonance with the Master Plan, as the deviation from the Master Plan was slight and the I. D. A. had undertaken to implement the scheme strictly in accordance with the Master Plan. The court also held that the scheme was not invalid on the ground that it had lapsed after a period of three years from the date of the publication of the scheme, as the Indore Development Authority had taken steps towards the implementation of the scheme within that period. The court further held that the acquisition proceedings were not invalid on the ground that the notification under S. 6 of the Land Acquisition Act was beyond a period of one year from the last date of publication of the notification under S. 4, as the declaration under S. 6 had been made within one year of the publication of the notification under S. 4 (1).
Issues: Whether the scheme was invalid on the ground that it was not in consonance with the Master Plan. Whether the scheme was invalid on the ground that it had lapsed after a period of three years from the date of the publication of the scheme. Whether the acquisition proceedings were invalid on the ground that the notification under S. 6 of the Land Acquisition Act was beyond a period of one year from the last date of publication of the notification under S. 4.
Ratio Decidendi: The court held that the scheme was not invalid on the ground that it was not in consonance with the Master Plan, as the deviation from the Master Plan was slight and the I. D. A. had undertaken to implement the scheme strictly in accordance with the Master Plan. The court also held that the scheme was not invalid on the ground that it had lapsed after a period of three years from the date of the publication of the scheme, as the Indore Development Authority had taken steps towards the implementation of the scheme within that period. The court further held that the acquisition proceedings were not invalid on the ground that the notification under S. 6 of the Land Acquisition Act was beyond a period of one year from the last date of publication of the notification under S. 4, as the declaration under S. 6 had been made within one year of the publication of the notification under S. 4 (1).
Final Decision: The petitions filed against the acquisition proceedings for implementation of scheme No. 94 framed by the Indore Development Authority and challenging the framing of the scheme No. 94 were dismissed with no orders as to costs.
( 1 ) THIS order shall govern the disposal of Misc. Petitions Nos. 389/87, 489/87, 944/ 87, 76/88, 997/88, 1213/88, 1227/88, 1317/88, 141/89, 197/89, 222/89, 277/89, 561/89, 562/89, 600/89, 603/89, 610/89, 611/89, 612/89, 639/89, 645/89, 711/89, 788/89, 799/89, 974/89, 1188/89, 1189/89,1190/89, 1282/89, 91/90, 781/90 and 783/90, challenging the development scheme prepared by the Indore Development Authority known as Scheme No. 94 of the Indore Development Authority for Eastern Ring Road, and the land acquisition proceedings initiated by the Collector and Ex Officio Deputy Secretary to the Government of Madhya Pradesh, Indore, for the implementation of that scheme.
( 2 ) SCHEME No. 94 of the Indore Development Authority has been prepared mainly for the construction of Eastern Ring Road around the city of Indore wherein provisions have also been kept for Regional Park, Commercial, Health, Bus Terminal, Industrial, Educational and Residential Buildings. Section 49 of the M. P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as the 'adhiniyam') provides for the preperation of a town development scheme wherein provisions can be made for any of the matters enumerated therein. Then S. 49 (vi) makes provision for a particular development scheme for purpose of acquisition of land and its development for laying out or remodelling of road and street patterns. The development plan known as master plan comes into force on 21-3-75 for the City of Indore. In the said master plan a provision along with other things was made for a ring road around the city of Indore. Therefore, the Indore Development Authority for implementation of that part of the master plan prepared scheme No. 94. The scheme was prepared in pursuance to a resolution dated 30-1-1981 and the scheme after the necessary sanction of alignment by the Joint Director of Town and Country Planning was prepared and declaration was published in accordance with S. 50 (2) of the Adhiniyam.
( 3 ) SUB-SECTION (2) of S. 50 provides that not later than 30 days from the date of such declaration of notification to make a scheme, the Town and Country Development Authority shall publish the declaration in the gazette and in such manner as may be prescribed. Accordingly, the notification was sent for publication in the gazette, vide letter dated 23-2-81 to the Deputy Controller of the Govt. Press, Gwalior to publish notification No. 91 dated 23-2-81 in the official gazette. The said notification was also sent for publication to the press and accordingly the declaration was published in Nai-Duniya (dainik) and Dainik Indore Samachar, the Hindi newspapers which are published from Indore. The notification was accordingly published in the two Hindi newspapers on 26-2-1981. Thereafter the Indore Development Authority started the process for preparation of the scheme in the draft from as required by sub-section (3) of S. 50. Thereafter by resolution No. 4 dated 19-1-83, the I. D. A. resolved that the draft scheme be published in accordance with S. 50 (3) of the Adhiniyam and objections be called in accordance with the provisions of law. The proposed draft scheme was published in Nai Duniya dated 27-3-83 and in the gazette dated 25-3-83. ( 4 ) AS a result of the publication of the draft scheme 238 objections were received and after considering the objections the draft schemes prepared was approved by the resolution of the Authority dated 10-2-1984. In the same resolution a decision was taken to publish the final town development scheme as required by S. 50 (7) of the Adhiniyam. Accordingly the final development scheme was published in Nai Duniya dated 10-8-84 and in the M. P. Gazette dated 24-8-84. The scheme was divided into sectors from sector-A to sector-H denoting the land under the scheme falling in different villages.
( 5 ) THEREAFTER, as required by S. 56 of the Adhiniyam the Collector was requested to acquire the land in accordance with the phasewise programme
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