IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI &

HON'BLE SHRI JUSTICE HIRDESH th ON THE 5 OF JULY, 2023 WRIT PETITION No. 17042 of 2020 BETWEEN:-

M/S MSD REAL ESTATE LLP THROUGH ITS PARTNER VIKAS CHOUDHERY S/O SHRI KESHRIMAL CHOUDHERY, AGED ABOUT 39 YEARS, OCCUPATION: BUSINESS 578, M.G ROAD (MADHYA PRADESH)

.....PETITIONER (SHRI VEER KUMAR JAIN SENIOR ADVOCATE WITH MS. VAISHALI JAIN, ADVOCATE)

AND THE MUNICIPAL CORPORATION INDORE

1. (MADHYA PRADESH)

THE JOINT DIRECTOR DIRECTORATE OF TOWN AND COUNTRY PLANNING PRESS

2. COMPLEX. AB. ROAD. DIST. INDORE (MADHYA PRADESH)

THE COMPETENT AUTHORITY (SUB DIVISIONAL OFFICER REVENUE) UNDER M.P.

3. LOKPARISAR (BEDAKHLI) ADHINIYAM, 1974 COLLECTORATE DIST. INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI A.K. SETHI SENIOR ADVOCATE WITH SHRI AMOL SHRIVASTAVA, ADVOCATE)

(SHRI ANIKET NAIK, DY. ADVOCATE GENERAL)

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Reserved on:- 05.07.2023 Pronounced on:- 05.09.2023 ------------------------------------------------------------------------------------------

This petition having been heard and reserved for order coming on for pronouncement this day, Hon'ble Shri Justice S.A. DHARMADHIKARI pronounced the following:

ORDER

Heard finally with the consent of both the parties.

1. The petitioner before this Court has filed this present writ petition under Article 226 of the Constitution of India, being aggrieved by the orders dated 27.06.2020 (Annexure P-27), 25.07.2020 (Annexure P-28), 28.07.2020 (Annexure P-29) and 22.10.2020 (Annexure P-32) passed by the respondents.

2. The brief facts leading to the filing of this writ petition is that the petitioner is a registered limited liability partnership firm registered under the provisions of the Limited Liabilities Partnership Act, 2008 (hereinafter referred to as “The Act of 2008). All the partners of the petitioner firm are residents of Indore and are law abiding citizens of India. Therefore, they are entitled to all legal and constitutional remedies under the law and the Constitution of India. The present petition has been filed on behalf of one of the partners namely Mr. Vikas Choudhery, who has been duly authorized to file the present petition as well as he is well conversant with the facts of the case.

3. That, the respondent No.1 is a Municipal Corporation constituted under the provisions of M.P. Municipal Corporation Act, 1956 (hereinafter referred to as “The Act of 1956) and the respondent No.2 is the authority constituted under the provisions of Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as “The Act of 1973) and the respondent No.3 is the competent authority under the M.P. Lok Parisar Bedakhali Adhiniyam, 1974 (hereinafter referred to as “The Act of 1974), thus all are State within the meaning and definition of Article 12 of the Constitution of India, therefore, are amenable to the writ jurisdiction of this Court.

4. Brief facts of the case relevant to decide the controversy, are that one Captain H.C. Dhanda, was the then Commerce Minister of the Princely “Holkar State”. His highness the Maharaja Holkar of Indore vide gift deed dated 22.04.1946 by “Huzur Shree Shankar” Order No. 58, had gifted the land in question to him. The gift deed also contains the annexed map alongwith it. The total area of land in question is 1,08,900 Sq. Ft. At present the aforesaid land comprises of and is identified as bearing Municipal No. 28, Yeshwant Niwas Road, Indore. The said gift deed was also published in the official gazette by the Holkar State, meaning thereby the land was gifted to the predecessor-in-title of the petitioner during pre- independence era by the then Ruler of the erstwhile Holkar State. The contents of the Gift deed dated 22.04.1946 (Annexure P-2) is reproduced below:

“His Highness the Maharaja has been pleased to order that, in recognition of the loyal and highly meritorious services rendered