IN THE HIGH COURTOF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 16 OF FEBRUARY, 2024 WRIT PETITION No. 28031 of 2022 BETWEEN:-

SMT. SAROJ GUPTA W/O SHRI CHANDRA BHAN GUPTA, AGED ABOUT 77 YEARS, OCCUPATION: AGRICULTURIST 47/7, GYAN NAGAR, TEH. AND DISTT. UJJAIN (MADHYA PRADESH)

.....PETITIONER (SHRI JITENDRA JHALA, LEARNED COUNSEL FOR THE PETITIONER.)

AND THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL

1. SECRETARY MANTRALAYA, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

THE COMPETENT AUTHORITY CUM ADDITIONAL DISTRICT

2. COLLECTOR CUM ADDITIONAL DISTRICT MAGISTRATE (COLONY CELL) OFFICE OF COLLECTORATE, UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (SHRI SUDHANSHU VYAS, LEARNED GOVT. ADVOCATE FOR THE RESPONDENTS/STATE.)

This petition coming on for hearing this day, the court passed the following:

ORDER

01. The petitioner has filed the present petition being aggrieved by order dated 21.10.2022 passed by the Additional District Magistrate, Colony Cell, District Ujjain being the competent authority under the Gram Panchayat (Registration of Coloniser, Terms and Conditions) Rules, 1999 (hereinafter referred to as "the Rules of 1999" for short) whereby the 9 houses (G+2) reserved for EWS category have been released with a direction to the persons of the same category.

02. The aforesaid order has been passed under Rule 10(8) of the Rules of 1999. The Rules of 1999 have been repealed by M.P. Gram Panchayat (Development of Colonies) Rules, 2014 and under the new Rules of 2014, Rule 15 deals with the sale of plots reserved for economically weaker sections and lower income groups. Rule 15 is reproduced below :

“15. Sale of Plots Reserved for Economically Weaker Sections and Lower Income Groups.-The plots/dwelling units reserved for the Economically Weaker Sections and Lower Income Groups shall be sold by the colonizer in the following manner :-

(1) The Colonizer shall invite applications from persons belonging to the Economically Weaker Sections and Lower Income Groups, who do not own any house or residential plot (except the residential plot in the abadi land of village) anywhere in Madhya Pradesh in his name or in the name of any of his family members.

(2) The Persons belonging to Economically Weaker Sections/Lower Income Groups interested in such Plots/Dwelling units, shall submit applications along with the self declared certificate of having domicile of Madhya Pradesh accompanied by a duly self declaration in Form 10 appended to these Rules, declaring that neither he nor any member of his family own any house/plot either in his name or in the name of any of his family member anywhere in a rural area of Madhya Pradesh.

(3) The Colonizer shall send the name of such eligible Economically Weaker Section/Lower Income Group applicants to Collector for buying plot/dwelling unit under the rules, along with a copy of the documents. The Collector shall give acknowledgement of receipt. The Collector shall scrutinize these applications within 30 days of the receipt thereof and satisfy him-self with the eligibility of applicants and shall furnish the final list of persons found eligible for Economically Weaker Section/Lower Income Group plots/dwelling units to the colonizer.

(4) In case the Collector does not pass order on the list submitted by the colonizer within 30 days, the colonizer shall be free to sell plots or dwelling units to persons included in the list and execute necessary sale deeds in their favor.

(5) If the colonizer is found to have allotted the plots/ dwelling units to ineligible persons or more than one plot or dwelling unit to the members of same family, the colonizer shall be liable for cancellation of his registration certificate apart from penal action.”

03. Neither the petitioner nor the competent authority are aware that the Rules of 1999 had already been repealed in the year 2014. Therefore, let the fresh process be initiated under the aforesaid provision of Rule 15.

04. With the aforesaid, this petition stands disposed