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VIVEK RUSIA, ANIL VERMA
State of M. P. – Appellant
Versus
Nilesh Jain – Respondent
JUDGMENT
Both the Writ Appeals are being decided by this common order as the similar issue regarding change of land use of the respondents after the publication of Master Plan 2011 for Indore city is involved in both the writ appeals.
Facts of W. A. No. 952/2018
The appellant/State of Madhya Pradesh and Director of Town and Country Planning Department has filed WA No.952/2018 against the Order dated 13.4.2018 passed in Writ Petition No. 1896/2013 whereby appellant No.1 has been directed to designate ‘'' the land in question'' of the respondents (writ petitioners) for from recreational purpose to residential use.
The facts of the case, in a nutshell, are as under: -
1. Appellant No.2, Director, Town and Country Planning ( In short' T&CP') prepared a Draft Development Plan for the forthcoming 'Indore Master Plan 2021' in terms of section 14 of the Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as '' Adhiniyam, 1973”) and published in the M.P. Gazette on 13.7.2006. After the publication of the draft plan a committee constituted under section 17-A of the Adhiniyam, 1973 invited objections and suggestions from the general public/ impacted landowners. The respondents are the
The discretion of the sanctioning authority under the MRTP Act must be upheld, and not every objection must be accepted. Public participation in the planning process is essential, and individual conc....
The construction of a permanent building on land reserved as open space without seeking prior permission from the competent authority is illegal.
Point of Law : Once land in-question has been earmarked for residential purpose in the master plan, then petitioner-firm, which has illegally and unauthorizedly installed stone cutter machine on land....
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