SANJAY TAMRAKAR Vs. STATE OF MP

JUDGEMENT

(1.) CHALLENGING the order-dated 26.4.1995 Annexure P/14, passed by the District Collector, Raisen by which an administrative order of Municipal Council, Raisen dated 19.10.1994 Annexure P/7 and a Resolution bearing No.65 passed by Municipal Council, Raisen vide Annexure P/8 on 28.11.1994 has been suspended, this writ petition has been filed. The order passed by the Collector Annexure P/14 is affirmed by the State Government vide Annexure P/15, on 21.11.1995 and, therefore, the order passed by the State Government is also assailed.

(2.) BY the aforesaid impugned orders of the Collector and the State Government certain compromise entered into between the Municipal Council and the land owner in the matter of transfer of the land has been stayed as a consequence the subsequent purchase made by the petitioners and the construction on the plot land is adversely affected. The petition is pending since 1996 and while admitting the petition, the impugned action was stayed.

(3.) SHRI Zargar, learned counsel for the petitioners, argued that the petitioners had purchased the suit property from SHRI Narayan Singh and SHRI Jawahar Singh by virtue of a registered sale-deed executed on 16.12.1994 Annexure P/11 and the property was transferred in the name of SHRI Narayan Singh and SHRI Jawahar Singh by virtue of the compromise entered into between the parties in the suit in question bearing No.5-A/1993. After the compromise was entered into, SHRI Narayan Singh and SHRI Jawahar Singh were given possession of the suit property on their depositing the agreed amount of ` 9,500/-, thereby a right accrued to them to sell the suit property and when they sold it to the petitioners, further right accrued to the petitioners to reap the benefits of the same. It is argued that the impugned action has been taken by the Collector and the State Government without notice to the petitioners, without hearing them and in gross violation of the principles of natural justice. That apart, it is pointed out that once the matter was compromised between the Municipal Council, SHRI Narayan Singh and SHRI Jawahar Singh, then before undoing the aforesaid compromise the Collector should have noticed all concerned and should have given an opportunity of submission to the parties concerned before taking the impugned action. That apart, it is pointed out by SHRI Zargar that by virtue of the amendment brought into force into the M.P. Municipalities Act, 1961 by the M.P. Nagar Palika Vidhi (Sanshodhan) Adhiniyam, 2005 after insertion of section 187-A, compounding of the illegal construction is now permissible and now after a period of more than 20 years, it is argued that interference in the matter be made, as the legal right of the petitioners are being taken away in an illegal manner.