ORDER

This petition under Article 226 of the Constitution of India has been filed by the petitioner in the nature of a Public Interest Litigation being aggrieved by the development permissions granted by respondents No.3 in blatant violation of provisions of the M.P.Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as the Adhiniyam 1973). The following reliefs have been prayed :

(i)Direct respondent No.3 to disclose all the permissions granted in relation to 79 village from 01.10.2021.

(ii) Direction respondent No.3 to disclose all the permissions granted in relation to 79 village from 12.03.2021.

(iii) Quash all colony development permissions issued by respondent No.4 in violation of Section 13 of the Adhiniyam, 1973.

(iv) Quash all development permissions granted by respondent no.3 in relation to 79 villages which are contrary to Section 16 of the Adhiniyam 1973 and Rule 14(5) of the Bhumi Vikas Niyam 2012.

(v)Direction respondent No.2 to ensure that the statutory provisions are complied with strictly.

(vi) Any other relief which this Court may deem fit be granted to the petitioner.

(vii) Costs of this petition be awarded.

2. The petitioner is a law abiding citizen of the country and is a permanent resident of city of Indore. He is self employed individual with public spirited orientation, concerned with proper planning and development of Indore and other cities of Madhya Pradesh. Previously, the petitioner had filed several Public Interest Litigation raising various issues of public interest like proliferation of multiplex construction and marriage gardens over lands irrespective of land use, non-adherence to the statutory requirement while granting development permission in view of norms of residential density, non-adherence to the minimum community open space in violation of the rules of Bhumi Vikas Niyam, etc. The aforesaid acts of the petitioner is demonstrative of the fact that he is a keen observer of urban development and intends to be an active participant in the development process by seeking proper enforcement of provisions of law. In the instant petition, he has no personal interest and is filed in the interest of residents of Indore City as the issue raised in the petition is directly involved with the day to day problems of the residents.

3.By way of present petition, petitioner is seeking adherence to the statutory provisions contained in the Adhiniyam 1973. The State Government published Gazette Notification dated 12.03.2021 whereby 78 villages were included in the Planning Area of Indore in terms of Section 13(2) of the Adhiniyam 1973. All the powers in respect of grant of development permission stood transferred in favour of respondent No.2 by virtue of Section 13(3) of the Adhiniyam 1973.

4. The respondent No.3 vide Gazette Notification dated 01.10.2021 published notification under Section 5(1) of the Adhiniyam 1973 dated 27.09.2021 in respect of the Existing Land Use Map of the 79 villages. After hearing objections and suggestions, respondent No. 3 adopted the Existing Land Use Map vide notification dated 23.12.2021. On publication of notification, the Existing Land Use of 79 villages stood frozen by virtue of Section 16 till publication of development plan in gazette in terms of Section 19(5) of the Adhiniyam 1973. During the intervening period, the change of land use could only be done with the written permission of respondent No.2. The respondent No.1 in exercise of its power under Section 73 of the Adhiniyam 1973 issued order dated 13.06.2022 specifying the conditions on which respondent no.2 could issue development permission after taking into consideration the opinion of the Committee constituted under the Rules 15(5) of the M.P.Town and Country Planning Rules 2012.

5.Shri Chhabra, learned Senior Counsel for the petitioner contended that despite the aforesaid, respondent No. 4 through Colony Cell Departm