AKBAR ALI Vs. STATE

JUDGEMENT

(1.) This order shall also govern the disposal of M. P. No.1407 of 1989 (Jakir Hussain v. State and two others), which raises the identical point which has been raised in this petition.

(2.) The lands in the two petitions belonging to the petitioners are admittedly open lands. In view of the return filed by the State, it has not been controverted that under the provisions of S.2(q) of the Urban Land (Ceiling and Regulation) Act, 1976, these lands cannot be treated as vacant lands. The definition of the vacant land under the Act reads as under:-

(3.) Now in the return filed by the State it is not disputed that under the development plan of Indore known as Master Plan, this land has been earmarked for the purpose of Regional Parks. As such, in accordance with S.25 of the Town and Country Planning Act, the land cannot be permitted to be used for any other purpose than the one for which it has been reserved in the Master Plan. The State Government, in view of the aforesaid position has frankly conceded that no building construction permission can be given for the land involved in the two petitions in view of the fact that the aforesaid pieces of land have been earmarked in the Master Plan for Regional Park. As such, in view of Cl. (i) of S.2(q) of the Urban Land (Ceiling and Regulation) Act this land cannot be treated as a vacant land.