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2018 Supreme(MP) 617

VIVEK RUSIA
Ramlal (Dead) thorough LRs. Maheshwari Yadav – Appellant
Versus
State of M. P. – Respondent


Advocates:
V.K. Jain with Vaibhav Jain for petitioner; Amit Singh Sisodia, Government Advocate for respondents/State; Sunil Jain with Anand Soni for respondents No. 3 and 4.

ORDER

1. The petitioners have filed the present petition being aggrieved by order dated 22.8.2013 (Annexure P-1) passed by respondent No. 4 whereby NOC issued vide letter No. 3114-Bhu-Arjan/2012 dated 24.5.2012 in respect of land bearing Survey Nos. 282 area 0.125 Hect., 328/1 area 0.520 Hect., 328/2 area 1.130 Hect., 328/3 area 2.242 Hect. and 329/1 area 1.586 Hect., total area 5.603 Hect. of Village Palakhedi (hereinafter, for short, “the land in question”) has been cancelled.

2. Facts of the case, in brief, are that the petitioners are the owners and possession of the land 327/1, 328/1, 328/2, 328/3, 329/1 and 282 total area 12.506 Hect. Petitioners also got diverted the said land for residential purpose from the agricultural. They applied for development permission and in exercise of powers conferred under section 30 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter, for short, “the Adhiniyam”), the Joint Director, Town and Country Planning, Indore had granted the permission vide order dated 15.5.2009 which was further renewed vide order dated 17.2.2010. Likewise, petitioner No. 5 was also granted development permission vide order dated 4.8.2006 and renewed vide o












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