ORDER

Petitioner’s case

1. The petitioner purchased a diverted land bearing Khashra No. 22/1/2/5 (3) area 0.405 hectares situated at Village Kumedi, Tehsil Sanwer, District-Indore vide registered sale-deed dated 25.3.2005. The younger son of the petitioner established an industry in the aforesaid land in the year 2008. Respondent No. 2 published a declaration of Scheme No. 169-A on 25.7.2008. A draft scheme under section 50(3) of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as “the Adhiniyam”) was published inviting the objections of affected landowners. All the affected persons including the petitioner submitted objections. All the objections were rejected by passing an order dated 16.8.2010. Thereafter, a final scheme was published under section 50(7) of the Adhiniyam on 15.10.2010.

2. Being aggrieved by the order dated 16.8.2010, the petitioner filed a revision under section 51 of the Adhiniyam before the Revisional Authority in the year 2011. According to the petitioner, till date, neither the said revision is decided nor the scheme has been implemented. The petitioner approached this Court by way of W.P. No. 12637/2013 and vide order 21.10.2013, the writ petition was disposed of by directing the respondent to decide the representation by a reasoned order. According to the petitioner, even the said direction has not been complied with.

3. It is further pleaded in the petition that after a lapse of 8 years from the date of publication of the final scheme, vide letter dated 6.6.2018, respondent Indore Development Authority offered a developed plot of a small area as compared to the acquired land by directing the petitioner to execute an agreement and register a saledeed in favour of respondent No. 2. According to the petitioner, under section 56 of the Adhiniyam, the land can be taken by way of agreement upto 3 years from the date of publication of final scheme and thereafter on its failure to acquire the land, the State Government has no option but to go for acquisition of the land under the provisions of Land Acquisition Act, 1894. Now, the only later option available to respondents is to acquire the land of the petitioner and pay compensation in cash or to permit the petitioner to utilize his land. The petitioner cannot be left at the mercy of respondents who are neither paying compensation nor permitting the petitioner to use the land. Therefore, in the interest of justice, relief be granted to the petitioner has been granted by this High Court vide order dated 29.3.2016 passed in W.P. 6318/2015.

Reply of the respondents

4. Indore Development Authority contended that vide order dated 1.12.2011, the revision filed by the petitioner had already been dismissed and the petitioner has not challenged the said order till date, therefore, the petition in respect of relief for quashment of the scheme is liable to be dismissed. It is further submitted that the entire scheme comprises the area of 95.204 hectares of land situated at Village Bhanwrasla, Kumedi, Narvar, Sukhliya and Kabitkhedi out of which private land is 79.216 hectares and Government land is 15.988 hectares and out of which land area 10.973 hectares is used for the construction of I.S.B.T. The sale-deeds had been executed by the land owners in respect of the area admeasuring 16.940 hectares and agreements for the land area 55.219 hectares had been executed between the land owners and I.D.A. The development work is at the verge of completion. The land owners who executed the agreement with the Indore Development Authority had been granted developed plots. The petitioner cannot utilise his land at this juncture to frustrate the development of the entire scheme. It is further submitted that Indore Development Authority is ready to give 26% of the developed plots in Scheme No. 169A which is a fully developed scheme to the petitioner based on a decision taken by the Board's Resolution No. 65 dated 30.5.2015. The facts of the case are different from the