NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, J, Afroz Ahmad, EM
Mukesh Lulla – Appellant
Versus
State of Madhya Pradesh – Respondent
Original Application No. 74/2025(CZ)
| Table of Content |
|---|
| 1. challenge to land allotment process. (Para 1 , 2) |
| 2. tribunal's authority in land disputes. (Para 3) |
ORDER
1. As per record attached with this application land Khasra no.
123/1, 123/2,123/3, 176/2 is presently recorded in the name of Department of Jail, Madhya Pradesh Government, Government Institution.
2. The applicant has challenged this revenue entry on the following grounds :
i. One of the officer played direct a material role in the illegal allotment of land for the construction of District Jail and by deliberately supressing critical facts.
ii. The concerned official failed to discharge the duties and participated in the allotment process without disclosing facts known to him through his official capacity and process was illegal.
iii. The officials either wilfully ignored the contents of the report or colluded to fabricated contradictory reports falsely categorising the land as barren.
iv. That deliberate act of administrative officer include criminal charges.
v. That the allotment of the land for construction of the District Jail was in violation of Madhya Pradesh Land Revenue Code 1959.
3. A perusal of the report reveals that the allotment order is appealable or subject to revision before the appropriate forum under the relevant provision of law against the allotment. Further at present a copy of the Khatoni, Khasra discloses that the name of the department of Jail State of Madhya Pradesh is recorded in the above land. Any order on the ground of the cutting of tree may adversely affect the nature of the Khasra and indirectly intervening in the mutation proceedings, which is not domain of the Tribunal. If applicant is aggrieved by the order of mutation or change of the nature of the land by the administrative authorities, the same may be challenged before the appropriate forum. However, we direct the Collector Betul and Divisional Forest Officer, Betul, Forest Division to ensure that there should not be cutting of any trees without due permission from the competent authority and there should not be encroachment on the water body. So far as the challenge to the revenue entries or challenging the khasra / khatonis are concerned the applicant may move before the appropriate forum in accordance with the Madhya Pradesh Land Revenue Code
1959.
The Original Application No. 74/2025(CZ) stands disposed of accordingly.
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