Bhandari, J. -- 1. The appellant aggrieved by the order of the High Court of Judicature at Jabalpur dated 26.8.2003 in Writ Petitions No. 6269 and 27171 of 2003 have preferred this appeal with the prayer that the respondent, State of Madhya Pradesh be restrained from imposing and collecting any premium under the impugned Rule 14 of the Notification dated 24.1.2002.

2. Brief facts giving rise to the present appeal are recapitulated as under:

The respondent State of Madhya Pradesh has imposed premium at flat rate irrespective of use and purpose of the diverted land or any relation whatsoever with the land revenue imposed on the land. According to the appellants, the impugned Rule 14 of the Madhya Pradesh Land Revenue Code, 1959 (for short "the Code") is arbitrary, unreasonable and as such violative of Article 14 of the Constitution of India. The imposition of premium under Rule 14 has been assailed, therefore, it would be imperative to refer to the relevant provisions regarding imposition of premium as under:

"B- Imposition of Premium

13. When the land assessed for any non-agricultural purpose is diverted to any agricultural purpose no premium shall be imposed under sub-section (5) of section 59 of the Code.

14. For the purpose of levy of premium on agricultural land other than the land specified in the proviso to sub-section (5) of Section 59 of the Code diverted to non-agricultural purposes, in any towns and villages in the State of Madhya Pradesh shall be divided into the following classes as specified in Column (1) of the Schedule appended to these rules and the premium shall be imposed according to the rates specified in Columns (2) and (3) of the said Schedule as the case maybe:

Provided that with the sanction of the State Government the Sub-Divisional Officer may include any particular village in higher or lower class than that prescribed in this rule:

Provided further that no premium shall be payable on agricultural land diverted into residential purposes if the area of diverted land is not exceeding one hundred square metro and 'Kachha' construction is built on such land.

Explanation I -- When the 'abadi' of two or more villages adjoins, the population shall be taken as the population of the combined villages.

Explanation II - 'Kachha' construction means such construction in which only clay and wood (excluding timber wood) are used."

3. The Schedule framed under Rule 14 reads as under:

Schedule

Classes

(1)For residential and other

purpose (excluding commercial

and industrial purpose)

(2)For commercial and industrial

Purpose

(3)Class IIn Municipal Corporation areaUpto 4 km from Municipal Corporation areaFrom 4 km to 8 km from the area of Municipal CorporationIn Municipal Corporation areaUpto 4 km from Municipal Corporation areaFrom 4 km to 8 km from the area of Municipal Corporation(1)(2)(3)(1)(2)(3)Entire Municipal Corporation area of Gwalior, Indore, Ujjain, Bhopal, Jabalpur, Raipur and Durg and upto 8 km from the outer limits of Municipal Corporation.Rs.10 per square metreRs.7.50 per square metreRs. 5 per square metreRs. 20 per square metreRs. 15 per square metreRs.10 per square metre

Classes

(1)For residential and other

purpose (excluding commercial

and industrial purpose)

(2)For commercial and industrial

Purpose

(3)Class IIIn Municipal Corporation areaUpto 4 km from Municipal Corporation areaFrom 4 km to 8 km from the area of Municipal CorporationIn Municipal Corporation areaUpto 4 km from Municipal Corporation areaFrom 4 km to 8 km from the area of Municipal Corporation(1)(2)(3)(1)(2)(3)Entire Municipal Corporation area excluding the above mentioned Municipal Corporations show in Class I and upto 8 km from the outer limits of Municipal Corporation.Rs.7.50 per square metreRs.5.00 per square metreRs. 3.75 per square metreRs. 15.00 per square metreRs. 10.00 per square metreRs. 7.50 per square metre

Classes

(1)For residential and other

purpose (excluding commercial

and industrial purpose)

(2)For commercial and industrial

Purpose

(3)Cla