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2013 Supreme(MP) 145

Sujoy Paul
Mukesh Singh Chaturvedi – Appellant
Versus
State of M. P. – Respondent


Advocates:
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Anil Sharma for petitioners; B. Raj Pandey, Government Advocate for respondents No. 3, 4 and 5; Susheel Chaturvedi for respondent No. 2.

ORDER

1. Petitioners have filed this petition challenging the legality, validity and propriety of the orders Annexure P-1 dated 7.6.2004, (Annexure P-14) dated 4.6.2004 and Annexure R-1 dated 26.8.2005.

Brief facts necessary for lawful adjudication of this matter are as under:-

2. The case of the petitioners is that they purchased the land in question pursuant to the sale deeds Annexure P-2 and P-3. After the said sale deeds, a mutation was done by order dated 9.10.2002 (Annexure P-9). The demarcation was made by way of Panchanama Annexure P-7. Thereafter, the petitioner prayed for change of land use and accordingly permission for diversion was sought for. On 6.5.2003 (Annexure P-5) no objection was given by the Nazul Officer, Gwalior. The NOC was given by Traffic Police by Annexure P-6 and by PHE Vide Annexure P-11. The State Government, in turn, published a notification in the Official Gazette dated 1.8.2003 and by way of this notification dated 23.7.2003 permission for diversion was given. By order dated 11.12.2003 (Annexure P-12), Town and Country Planning granted NOC. The Municipal Corporation granted NOC by order dated 24.2.2004 (Annexure P-13).

3. Shri Anil Sharma, learned coun



































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