M P HOUSING BOARD Vs. SHIV SHANKAR MANDIL

JUDGEMENT

(1.) This Judgment will dispose of Civil Appeal Nos. 3840-3841 of 2001 and 3842-3843 of 2001. All the appeals relate to a common judgment passed by Division Bench of the High Court of Madhya Pradesh, Bench at Gwalior, by which the Division Bench disposed of two Letters Patent Appeals, being Letters Patent Appeal Nos. 315 of 1996 and 296 of 1996. The first two appeals are filed by the Madhya Pradesh Housing Board (hereinafter referred to as "the Board"), whereas, the other two appeals are filed by State of Madhya Pradesh and one of its officers. Controversy relates to a plot of land in Morena, Madhya Pradesh, measuring 11 biswa in Survey Plot No. 462. The private respondent, namely, Shiv Shankar Mandil submitted an application on 29.12.1990 to the General Manager, District Industries Centre, Morena, contending therein that he had his small scale industry manufacturing steel furniture and he needed some land to establish the unit. The General Manager, District Industries Centre, Morena submitted an application by Letter No. 138 dt. 8.1.1991 requesting to transfer Survey No. 462 measuring 11 biswa which was recorded as "Charnoi Extra Nazul" in favour of the respondents for establishing an industry. This proposal was sent to Tehsildar, Morena, who invited objections from various authorities. No objections were, however, received by him. He, thereafter, obtained the consent of the Municipal Officer, Morena. He also consulted Town and Country Planning, Health and Police Departments and proposed the transfer to the Collector. The Collector on consideration of all the facts, ordered on 27.7.1991, a transfer of the said land to the General Manager, District Industries Centre, Morena under Clause 4-3, para 36 of the Revenue book circulars. It is on the basis of this, that the District Industries Centre, Morena by his order dt. 29.07.1991 agreed to allot the said land on three conditions:-

(2.) However, Assistant Engineer, Madhya Pradesh Housing Board, Sub- Division Morena approached the Collector by Letter dt. 23.8.1991 and pointed out that the allotment of Survey No. 462 made by Industries Department to the respondents was objectionable. It was pointed out that said Survey Number was in the middle of a residential plan of the Board. It was then pointed out that a letter was already written by Commissioner of the Board for transferring Survey Nos. 458, 462, 482 and 485, which were Government lands in favour of the Board. The proposal for transfer of Survey No. 462 was, however, already over. Further, the Board had started acquisition proceedings by paying the diversion charges. It was further pointed out that the Board had also sought for paper possession in respect of the aforementioned four Survey Numbers and intended to execute a residential plan, wherein, 1000 residential plots had been proposed for solving the residential problem in Morena Town. It was expressed further that if M/s S.S. Industries of the respondents was permitted to establish an industry, then the plan of the Board would be upset and the expenditure invested in the development plan would be wasted. It was, therefore, prayed that the allotment of the land of Survey No. 462 should be cancelled and the work commenced by M/s. S.S. Industries should be stopped. The Collector, by his order dt. 27.8.1991 directed the respondents to maintain status quo and further ordered the respondents not to construct on the allotted land. The respondents, therefore, filed the first Writ Petition, being Writ Petition No. 1513 of 1991.

(3.) During the pendency of this Writ Petition, the Board of Revenue of Madhya Pradesh passed an order at the instance of Collector, Morena, permitting the Collector to review his own order dt. 27.7.1991. This order by the Board of Revenue was passed on 11.5.1994. It was challenged by the respondents herein by filing another Writ Petition, being Writ Petition No. 1289 of 1994. The Collector had decided to review the order dt. 27.7.1991 in view of the observations by the Board regarding the transfer of Survey No. 462.