BHOPAL CITIZENS FORUM Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner, which is a forum of retired IAS, IPS officers and other eminent citizens of State of Madhya Pradesh, through this public interest litigation has challenged the validity of section 23-A of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, as amended by Amendment Act, 2005, (hereinafter referred to as the 'Act'), as well as notifications (2) dated 14-3-2008 and 5-9-2007, Annexures-P-1 and P-2 respectively, issued by the State Government in exercise of powers under section 23-A of the Act. By the impugned notifications the land use of various sites in the city of Bhopal has been changed from public/semi public purpose to commercial in order to facilitate the construction of Five Star Hotel, a Commercial Complex and an Oceanarium on lands measuring 10.19 acres over Khasra Nos. 1431 and 1432 which situate adjacent to Minto Hall and for the construction of Central Business District on land measuring 15 acres in and around South T. T. Nagar Market surrounding area, which is purely a residential area. Similarly, petitioner in WP No. 8886/2008 is non-Government organization, which has also challenged the validity of section 23-A of the Act as well as notifications dated 14th March, 2008 and 5th September, 2007. Since common questions of law and fact are involved in both the writ petitions and also as agreed to by the learned counsel for the parties, they were heard together and are being decided by this common order.

(2.) For reference, facts as stated in W.P. No. 9505/2008(PIL) are being referred to for convenience. It is averred in the writ petition that Minto Hall was constructed in the year 1909 and epitomizes the extant awareness of Paladian Architecture. Since 1956 till construction of new Vidhan Sabha, the sessions of Madhya Pradesh Legislative Assembly were held in Minto Hall. Adjoining to aforesaid Minto Hall a vast open land and dense plantation attributing scenic beauty is situated. According to development plan of 2005 of Bhopal, the aforesaid site has been designated for the purpose of "Administrative Complex/Units, Institutions". The aforesaid area situate on a hilly region in proximity of lower lake, one of the major water sources of the city.

(3.) The State Government in exercise of powers under section 23-A of the Act issued a notification dated 14-3-2008 (annexure P/l) by which the land use of the land measuring 10.5 acres situate adjacent to Minto Hall has been changed from public/semi public to commercial whereupon the State Government intends to construct "Mega Commercial Complex", a 200 roomed Five Star Hotel with an oceanarium. Similarly, by another notification dated 5-9-2007 (Annexure-P-2) the land use of the land situate around 15 acres of land in South T. T. Nagar has been changed in order to facilitate construction of 'Central Business District'. In the aforesaid factual backdrop the petitioner has approached this Court for declaration of section 23-A of the Act as ultra vires and for quashing of the aforesaid notifications dated 14-3-2008 and 5-9-2007.