Petitioner’s case

1-

The petitioner purchased a diverted land bearing Khashra

No. 22/1/2/5 (3) area 0.405 hectares situated at Village Kumedi,

Tehsil Sanwer, District-Indore vide registered sale-deed dated

25.03.2005. The younger son of the petitioner established an

industry in the aforesaid land in the year 2008. Respondent No. 2

published a declaration of Scheme No. 169-A on 25.07.2008. A

draft scheme under Section 50(3) of M.P. Nagar Tatha Gram Nivesh

Adhiniyam, 1973 (hereinafter referred to as “the Adhiniyam”) was

published inviting the objections of affected landowners. All the

affected persons including the petitioner submitted objections. All

the objections were rejected by passing an order dated 16.08.2010.

Thereafter, a final scheme was published under Section 50(7) of the

Adhiniyam on 15.10.2010.

2-

Being aggrieved by the order dated 16.08.2010, the petitioner

filed a revision under Section 51 of the Adhiniyam before the

Revisional Authority in the year 2011. According to the petitioner,

till date, neither the said revision is decided nor the scheme has

been implemented. The petitioner approached this Court by way of

W.P. No. 12637/2013 and vide order 21.10.2013, the writ petition

was disposed of by directing the respondent to decide the

representation by a reasoned order. According to the petitioner, even

the said direction has not been complied with.

3-

It is further pleaded in the petition that after a lapse of 8 years

from the date of publication of the final scheme, vide letter dated

06.06.2018, respondent Indore Development Authority offered a

developed plot of a small area as compared to the acquired land by

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directing the petitioner to execute an agreement and register a sale-

deed in favour of respondent No. 2. According to the petitioner,

under Section 56 of the Adhiniyam, the land can be taken by way of

agreement upto 3 years from the date of publication of final scheme

and thereafter on its failure to acquire the land, the State

Government has no option but to go for acquisition of the land

under the provisions of Land Acquisition Act, 1894. Now, the only

later option available to respondents is to acquire the land of the

petitioner and pay compensation in cash or to permit the petitioner

to utilize his land. The petitioner cannot be left at the mercy of

respondents who are neither paying compensation nor permitting

the petitioner to use the land. Therefore, in the interest of justice,

relief be granted to the petitioner has been granted by this High

Court vide order dated 29.03.2016 passed in W.P. 6318/2015.

Reply of the respondents

4-

Indore Development Authority contended that vide order

dated 01.12.2011, the revision filed by the petitioner had already

been dismissed and the petitioner has not challenged the said order

till date, therefore, the petition in respect of relief for quashment of

the scheme is liable to be dismissed. It is further submitted that the

entire scheme comprises the area of 95.204 hectares of land situated

at Village Bhanwrasla, Kumedi, Narvar, Sukhliya and Kabitkhedi

out of which private land is 79.216 hectares and Government land is

15.988 hectares and out of which land area 10.973 hectares is used

for the construction of I.S.B.T. The sale-deeds had been executed

by the land owners in respect of the area admeasuring 16.940

hectares and agreements for the land area 55.219 hectares had been

executed between the land owners and I.D.A. The development

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work is at the verge of completion. The land owners who executed

the agreement with the Indore Development Authority had been

granted developed plots. The petitioner cannot utilise his land at

this juncture to frustrate the development of the entire scheme. It is

further submitted that Indore Development Authority is ready to

give 26% of the developed plots in Scheme No. 169A which is a

fully developed scheme to the petitioner based on a decision taken

by the Board's Resolution No. 65 dated 30.05.2015. The facts of the

case are different from