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 owner of land bearing Survey No.26/2, 27, 28, 29/3, 29/5, 29/2/K, 29/2/K, 30/2 and 31/2 total area of 1.874 hectares situated in the village Pipliarao, Tehsil and District Indore (hereinafter referred to as '' the land in question''). In the Draft Plan, since the land in question was earmarked for residential purposes, therefore, the respondents had no reason or occasion to raise any objection in respect of land use before the committee. The recommendation of the committee along with comments of the Director T&CP was forwarded to the State Government for final approval under section 19 of the Adhiniyam,1973. After the approval of the State Government, the final plan ' Indore Master Plan 2021' was published in the M.P. Gazette on 1.1.2008 under section 19(5) of the Adhiniyam, 1973.

2. The respondents came to know that the land in question has been designated/ reserved for 'City Park' i.e. ‘Recreational’ purposes in the final Master Plan. The respondents have challenged the aforesaid action by way W.P. No.1299/2008 which was disposed of along with others bunch of Writ Petitions vide order dated 17.6.2008 with direction to all landowners to submit an objection as required under section 19(2) of the Adhiniyam, 1973 and the State Government has been directed to consider all the objection and pass appropriate order in this regard. It has also been observed that if objections filed by the landowners are accepted by the Government, then the requisite amendment in the final Development Plan, 2021 shall be carried out, and consequently notified as well. The State Government filed a Review Petition of the aforesaid order, which was dismissed as withdrawn vide order dated 21.11.2008. Thereafter, State Government preferred a bunch of Writ Appeal No.805/2009. The Division Bench of this Court has modified the order of the learned Writ Court and directed the Government of M.P. to constitute a committee under section 17-A of the Adhiniyam, 1973 to consider the cases, at the stage of section 18(2) of the Adhiniyam, 1973. Being aggrieved by the order dated 18.2.2010 passed by the Division Bench of this Court, The State Government preferred Special Leave Appeal (Civil) No. (s).22768/2010 which has been dismissed on 20.5.2010. The apex Court has declined to interfere with the order of the Writ Court as it was passed with the consent of the parties.

3. After the dismissal of the SLP, the State Government had no option but to constitute a committee as contemplated under section 17-A of the Adhiniyam. The 15 members committee has considered all the objections and forwarded its report to the Director T&CP. As per the report, out of 15 members, 11 members have recommended changing the land use of the respondents to residential . Along with the report, the Director, T & CP has