KANHAIYALLAL Vs. UJJAIN VIKAS PRADHIKARAN DEWAS RD UJJAIN

JUDGEMENT

(1.) This is one of the three petitions challenging the scheme No.23 of the Ujjain Development Authority. The other petitions are Misc. Petition No.1707/ 86 (Raj Kumar Johri v. The Ujjain Vikas Pradhikaran and others) and Misc. Petition No.1746/ 86 (Bansidhar v. The Ujjain Vikas Pradhikaran). Since the petitions raised common points, they were heard together and are being decided by this common order. This order shall also govern the disposal of Misc. Petition No.1707/86 and Misc. Petition No.1746/86.

(2.) The contention of the petitioners in short is that they hold land in village Nanakheda Tehsil and District Ujjain. On 23rd Sept. 1977 a notification dated 18-8-1977 under the purported exercise of powers u/S.50(2) of the M.P. Nagar Tatha Gram Niwesh Adhiniyam, 1973 (hereinafter called 'the Adhiniyam) was published in the M.P. Gazette, declaring the intention of the Ujjain Development Authority (U.D.A. for short) to prepare a Town Development Scheme for remodeling area bounded by Ujjain-Dewas Road, Ujjain-Sanwar Road and Government Engineering College Road for development of residential colonies, commercial centres, public offices, public amenities etc. This notification according to the petitioners was issued without there being any resolution passed by the U.D.A. for the purpose. On 10-2-1978, another notification was published in the Gazette of M.P. in the purported exercise of powers u/ S.50(3) of the Adhiniyam, notifying that a Draft of Development Scheme No. 23 has been prepared for the aforesaid area, a copy whereof was made available for inspection at the office of the U.D.A. and Joint Director Town and Country Planning, Indore. By this notification objections or suggestions were invited within 30 days. On 2-6-1978 a notification dated 12-4-1978 was issued by the U.D.A. in the purported exercise of powers u/S.50(7) of the Adhiniyam, specifying certain numbers of the land included in the Scheme No.23, which was said to have been sanctioned u/ S.50(4) of the Adhiniyam. On 11-8-1978 another notification dated 17-6-1978 was published in the Gazette of M.P. in the purported exercise of powers u/S.50(7). of the Adhiniyam, including certain other survey Nos of village Nanakheda and Village Malanwasa in the scheme.

(3.) On 16-2-1979 a notification u/S.4 of the Land Acquisition Act was published in the Gazette of M.P. notifying that certain lands in village Nanakheda and of other villages were needed or likely to be needed for the purpose of implementation of Scheme No.23 of the U.D.A. This was followed by a further notification published in the Gazette of M.P. dated 13-4-1979 u/S.6 of the Land Acquisition Act. The petitioners' lands were included in the notification. A petition was filed in the High Court of M.P. at Indore, challenging the aforesaid notifications under the Land Acquisition Act. This petition was registered as Misc. Petition No.126/79. It was allowed on 17-9-1980 and both the aforesaid notifications under the Land Acquisition Act were quashed.