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 to the petitioner, the title does not pass to the Town Development Authority, nor to any development agency like the Municipal Corporation, therefore, the respondents have no right as such to construct road on the private land merely under garb of the Master Plan and Scheme prepared under the Adhiniyam.

4. Short facts of the case are that the petitioner is an owner of a piece of land situated in survey No. 237/1 (0.303 hect.) and 243/6 (0.252 hect.), total area 0.555 hectare situated at village Thatipur, Tehsil and Distt. Gwalior(MP). The lands were purchased vide separate sale deeds dated 10.8.2001, 28.1.2002 and 24.7.2003. The holdings of the land were duly divided and demarcated by the orders of the Tehsildar dated 23.7.2009 and 13.4.2011 and thereafter Nazul Department has also issued NOC to the petitioner/society relating to the land in question.

5. The land owned by the petitioner is situated in part of Town Development Scheme known as “City Center Scheme” framed by the respondent No.3/GDA under the provisions of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973. The said scheme was notified on 16.8.1985 as per section 50 (7) of the Adhiniyam, comprising certain lands of villages Thatipur, Mahalgaon and Gospura and the date of enforcement of the said scheme i.e. date of final publication is 16.8.1985. In the said scheme a road about 18 meters (approximately 60 feet) wide, is shown to be passing through the land of the petitioner and has been shown in hatches in the relevant portion of map of the Scheme and the the said road is also shown in the Development Plan of Gwalior City and thus, this road is now a part of the Town Development Scheme and subsequently, also a part of the Development Plan. Till date the ownership of the land in question has not been transferred to the GDA or to any other instrumentality of the State or to State till date, rather the ownership remains with the petitioner. Neither the road has been acquired by the GDA, nor it has been handed over to the Municipal Corporation till date and undisputedly the land is owned by the petitioner/society as on date.

6. In the said scheme, the GDA and Municipal Corporation tried to construct a road as per scheme map, which was challenged by the petitioner, but initially the petition was dismissed with a direction to approach the Civil Court but later on after revelation of the correct facts, the said order was reviewed and petition was restored for rehearing and it was held that the GDA and Municipal Corporation could not have constructed road on private land without acquiring it under section 56 of the Adniniyam. In what similar circumstances, this Court in WP No. 3629/2008 vide order dated 19.3.2009 while allowing the petition had directed the respondents not to construct any road over the