ORDER

1. The present review petition is filed seeking review of the order dated 23.7.2017 passed in WA No.237 of 2008 and also order dated 4.5.2018 passed in Review Petition No.287 of 2017.

2. The present review petition has been filed in the light of the order passed in SLP (civil) No.28450 of 2018 decided on 28.9.2018.

3. Learned counsel for the respondent raises a preliminary objection that the second review is not maintainable. The petitioner has already exhausted remedy of writ petition which was dismissed and thereafter he filed writ appeal which was also dismissed and thereafter he was unsuccessfully challenged the said order in the writ appeal and in review petition. The Apex Court has not granted any liberty to the petitioner to file review petition before the Court.

4. Before adverting to the aforesaid objection, it would be apposite to refer the facts of the case that the petitioner was owner of land measuring 16.276 hectares in village Kharajana Tehsil and District Indore. A Town improvement scheme under the then Town Improvement Trust Act, 1960 was floated known as Scheme No.53 for the city of Indore. On enactment of Madhya Pradesh Nagar Tatha Gram Nivesh Ahiniyam, 1973 (hereinafter referred to as the Adhiniyan) the provisions of erstwhile Town Improvement Trust Act, 1960 stood repealed and the then Indore Improvement Trust was dissolved and Indore Development Authority under the Adhiniyam was constituted. The aforesaid Scheme was adopted and taken for implementation by Indore Development Authority (IDA). The aforesaid land of the petitioner measuring 16.276 hectares was included in the said Scheme and was sought to be acquired for the purposes of execution of the Scheme.

5. The petitioner, Sadashiv Joshi, along with many other land owners, whose land were also included, approached this Court through various writ petitions. A challenge was made to the Scheme as well as to the consequential acquisition of their lands. The writ petition filed by the petitioner Sadashiv Joshi was numbered as MP No.244 of 1987 and was filed by him on 19.2.1987.

6. During pendency of the said writ petition, an application being IA No.5002 of 1992 was filed petitioner Sadashiv on 24.10.1992 with a prayer that he wanted to relinquish his rights in the writ petition with regard to the land, the details whereof were given in paragraph No.2 of the application, and a prayer was made to amend his claim in the writ petition, by deleting the prayer qua the aforesaid land, as detailed in the application.

7. On 5.10.1996, writ petition being MP No.244 of 1987 filed by the petitioner was allowed. It was noticed by the learned Writ Court that the procedure as laid down in law under the Adhiniyam had not been followed by Indore Development Authority, and therefore, the Scheme in question and consequential acquisition of the land of the writ petitioner was quashed.

8. A Letter Patent Appeal No.45 of 1997 along with other Letter Patent Appeals against the judgment of the learned Single Judge, was also dismissed by a Division Bench of this Court vide judgment dated 30.4.1998.

9. After the matter had attained finality on dismissal of letters patent appeal filed by the Indore Development Authority, the petitioner had again approached this Court through Writ Petition No.1578 of 2001 with the allegation that after the judgments of the learned Single Judge and the Division Bench, Indore Development Authority was not implementing the said judgments and therefore, directions were sought to comply with the said judgments. However, in the said writ petition, it was never disclosed by the petitioner that a substantial part of the claim, out of the total land holding of the petitioner had already given up by him during course of earlier writ petition (MP No.244 of 1987).

10. From paragraph No.3 of Writ Petition No.1578 of 2001, it is very clear and specific that the petitioner had relinquished his right in respect of the area which was deleted in pursuance to order