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SUJOY PAUL, AMAR NATH (KESHARWANI)
Commissioner, Jabalpur – Appellant
Versus
Shailendra Choudhary – Respondent
JUDGMENT
Paul, J. -- 1. The Intra Court Appeal filed under section 2(1) of Madhya Pradesh Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam, 2005 takes exception to the order dated 15.12.2017 passed in W.P. No.1083 of 2015 (Shailendra Chowdhary v. Commissioner, Jabalpur Division, Jabalpur), whereby learned Single Bench has set aside the impugned orders dated 6.5.2014, 16.9.2014 and 13.1.2015 and directed the official respondents to allow the application dated 17.2.2015 seeking change of land use by the petitioner. W.P. No.6880 of 2017 filed by owner containing the identical issue is also decided by this common order/judgment.
Factual Background and stand of appellants :--
2. The respondent/petitioner of W.P.No.1083 of 2015 entered into an agreement with the owners of lands bearing Kh. Nos. 337/1, 337/2 and 337/3 situated at N.B.-150, PH. No. 36/25 Mouja Gunsour, RNM, Jabalpur -2, Tahsil and District Jabalpur on 21.4.2012 (Annexure R-1).
3. Madhya Pradesh Bhumi Vikas Rules 2012 (in short ‘the Rules of 2012’) were enforced by the State Government w.e.f. 30.5.2012. On 4.1.2013, a notification was published in the gazette under section 24(3) of the Nagar Tatha Gram Nivesh Adhiniyam 1973 (h
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
Accrued rights from previous land use approvals must be respected despite new regulations; Town Planner's jurisdiction to deny building plan approval was not established.
The amended sub-rules (2) & (3) of Rule 4(A) of the A & N Land Revenue and Land Reforms Rules, 1968 were found to be ultra vires of the A & N Land Revenue and Land Reforms Regulation, 1966 and to vio....
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