ADMINISTRATOR NAGAR PALIKA Vs. BHARAT

JUDGEMENT

(1.) Leave granted.

(2.) Heard the counsel for the parties. In Neemuch town in Madhya pradesh there are a number of bungalows with large compounds. We are concerned with one such bungalow, bearing No. 58, said to be located in Plot no. 27-B. By an order dated 30-3-1969 the Municipal Council, Neemuch sanctioned under Section 182 of the Madhya Pradesh Municipalities Act, the layout submitted by one Ms Contractor. The permission was granted subject to the condition that

(3.) The case of the Municipal Council is that the conditions of the said permission were violated and, therefore, all the constructions made in the said area are illegal. It is, however, not brought to our notice that any action was taken under the Madhya Pradesh Municipalities Act for violation of the said conditions. Be that as it may, in the year 1982, the Madhya Pradesh legislature enacted "the Madhya Pradesh Vinirdishta Bhrashta Acharan nivaran Adhiniyam, 1982". This Act was made to provide for punishment of specific corrupt practices resorted to by the officials and other persons in connection with the affairs, of the State and local authorities. Chapter VIII sets out the provisions relating to illegal colonization. Illegal colonization is made a punishable offence. Any officer who facilitates or allows any such illegal colonization is also punishable. The land involved in illegal colonization is liable to be forfeited. We are, however, concerned in this matter with the proviso to Section 30 occurring in Chapter VIII. Section 30 reads as follows: