The Intra Court Appeal filed under Section 2(1) of Madhya

Pradesh Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam, 2005

takes exception to the order dated 15.12.2017 passed in W.P. No.1083 of

2015 (Shailendra Chowdhary Vs. Commissioner, Jabalpur Division,

Jabalpur), whereby learned Single Bench has set aside the impugned

orders dated 6.5.2014, 16.9.2014 and 13.1.2015 and directed the official

respondents to allow the application dated 17.2.2015 seeking change of

land use by the petitioner. W.P. No.6880 of 2017 filed by owner

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containing the identical issue is also decided by this common

order/judgment.

Factual Background and stand of appellants :-

The respondent/petitioner of W.P.No.1083 of 2015 entered into an

agreement with the owners of lands bearing Kh. Nos. 337/1, 337/2 and

337/3 situated at N.B.-150, PH. No. 36/25 Mouja Gunsour, RNM,

Jabalpur -2, Tahsil and District Jabalpur on 21.4.2012 (Annexure R-1).

Madhya Pradesh Bhumi Vikas Rules 2012 (in short ‘the Rules

of 2012’) were enforced by the State Government w.e.f. 30.5.2012. On

4.1.2013, a notification was published in the gazette under Section 24(3)

of the Nagar Tatha Gram Nivesh Adhiniyam 1973 (hereinafter called

as ‘the Adhiniyam’) making the Rules of 2012 applicable to various

planning areas. However, in this notification, (Annexure P-5), there was

no mention about the Bhedaghat Planning Area.

4.

The appellants submits that the State Government notified the

‘modified’ Bhedaghat Development (Draft Plan) 2021 (hereinafter

called as ‘Draft Plan’) clearly mentioning in Clause 7.2 of Chapter 7 that

though Rules of 2012 have not been made applicable by issuing a

notification, various provisions of Chapter 7 of Draft Plan make it clear

that certain rules of Rules of 2012 are indeed applicable.

5.

Respondent moved an application on 17.2.2014 (Annexure P-2)

before the Joint Director of Town and Country Planning, Jabalpur seeking

permission under Section 16 (2) of the Adhiniyam to change the use of

aforesaid lands situated in village Gunsour falling within Bhedaghat

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Planning Area from ‘agriculture’ to ‘residential’ to enable him to develop

a residential colony.

6.

The Joint Director, Town and Country Planning, Jabalpur by order

dated 6.5.2014 (Annexure P-3) rejected the said application by stating

that the land was earmarked for ‘agricultural’ purpose under the Draft

Plan.

7.

Aggrieved, the respondent of W.A. preferred an appeal against the

order dated 6.5.2014 (Annexure P-3) before the Divisional

Commissioner, Jabalpur. The said appeal preferred under Section 16 (5),

r/w Section 13 of the Adhiniyam was dismissed on 16.9.2014 (Annexure

P-4). The Review application filed by the respondent met the same fate

and was rejected on 13.1.2015 (Annexure P-8).

8.

In turn, W.P. No.1083 of 2015 was filed by respondent questioning

the aforesaid orders dated 6.5.2014, 13.1.2015 and 16.9.2014.

9.

Smt. Asha Bai, (owner of said lands), the petitioner of W.P.

No.6880 of 2017 also preferred similar application seeking change of

land use but the same was rejected by Joint Director, Town and Country

Planning, Jabalpur on 9.2.2015 (Annexure P-1). The reason of rejection

was that under the Draft Plan, no development permission contrary to the

said land use can be granted.

10.

On 2.6.2015 (Annexure P-2 in connected Writ Petition No.6880 of

2017), the Divisional Commissioner remitted the matter back to the Joint

Director, Town and Country Planning, Jabalpur for fresh considering by

holding that Rules of 2012 are not applicable and similar permissions

have been granted.

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11.

The State Government by order dated 14.8.2015 took suo moto

cognizance of the matter by invoking Section 32 of the Adhiniyam and

stayed the operation of said order dated 2.6.2015 passed in favour of Asha

Bai, the petitioner in connected W.P. No.6880 of 2017.

12.

W.P. No.16324 of 2015 filed against the order dated 14.8.2015 had

rendered infructuous because on 21.3.2017, the State Government passed

final order holding