RAM SHARAN KORI Vs. STATE OF M P

JUDGEMENT

(1.) In the instant petition filed as a public interest litigation the petitioner has raised the grievance against installation of plaint for manufacturing of compost fertilizer on Khasra No. 323, having an area of 18 acres land in the Village, Koshta, Tahsil Raipur (Karchuliyan), District Rewa and has sought direction commanding the respondents not to demolish the residential houses, 113 in number, standing on the aforesaid land.

(2.) We have heard the learned counsels appearing for the parities.

(3.) It appears that the Municipal Corporation, Rewa requested the respondents/State for providing the land for installation of the compost fertilizer plant for disposal of solid waste through letters dated 22-10-2005, 30-6-2006 and 14-9-2006, Looking to the requirement and the request made by the Municipal Corporation, Rewa the Collector, Rewa, respondent No. 4 herein allotted the land in question vide order dated 30.10.2006, measuring an area of 6.41 hectares for the purpose of establishment of solid waste/ compost plant with certain conditions, a copy whereof is enclosed as Annexure-R/4. Consequently, possession of the land was handed over to the Corporation through Tahsildar, Raipur (Karchuliyan). Thereafter, the Municipal Corporation installed the solid waste plant, However, the petitioner along with other persons had encroached upon the land in question and made certain constructions over the same. Accordingly, an proceeding under Section 248 of the M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code') was initiated for their eviction vide Case No. 39A-68-06-07 (encroachment)