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MILIND RAMESH PHADKE
Shanti Grih Nirman Sahkari Samiti Mydt. Gwalior – Appellant
Versus
State of M. P. – Respondent
ORDER
1. By way of present petition under Article 226/227 of the Constitution of India no particular order has been challenged but petitioner being aggrieved by an alleged illegal and arbitrary action on the part of respondent No.2, whereby respondent No.2 is trying to construct a road on the land owned by the petitioner/society in the garb of the land being shown as road in the notified town development scheme known as “City Centre Scheme”, City Centre of the respondent No.3-Gwalior Development Authority had preferred the present petition.
2. The petitioner is assailing the aforesaid action on the ground that the land having been shown as a part of road in the notified Town Development Scheme under M.P. Nagar Tatha Gram Nivesh Adhiniyam and subsequently, shown as road in the master plan of Gwalior prepared under the said Adhiniyam is not disputed. However, the respondents have no authority to construct road on a private land without acquiring the said land under provisions of section 56 of the Adhiniyam.
3. Further it is assailed that before appropriate compensation having been assessed and land acquired after following due procedure under section 56 of the Adhiniyam and is not paid
The Town Planning Scheme, sanctioned under the Gujarat Town Planning Act, is valid and serves public interest, overriding private claims and previous judicial orders regarding easementary rights.
The court affirmed that the right to property is a human right, requiring lawful acquisition and compensation when expropriated, underlining legal obligations of the State in welfare contexts.
The designation of land for public purposes under the Karnataka Town and Country Planning Act does not lapse after a specified time, but the rights of property owners must be balanced against long de....
Point of law: There remains no shadow of doubt that where the draft scheme has been sanctioned by the Government, the lands required for the purposes specified in the clauses (c), (f), (g) or (h) of ....
Since the property is not designated as compulsorily acquired land, there is no requirement for the Government to take the appropriate action envisaged under section 67 of the Act, 2016 can never be ....
Landowners have a constitutional right to compensation for land utilized for public projects, and claims cannot be dismissed based on implied consent or delay in seeking redress.
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