KAILASH NARAYAN SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this Public Interest Litigation in regard to allotment of a land Survey No. 184 situate at Village Jourakhurd in favour of respondent No. 3. The petitioner has pleaded that he is a public spirited person and he has locus standi to file the present petition. A land of survey No. 184 situate at Village Jourakhurd had been registered in the revenue record as 'pond' and it has been used by the villagers for quite a long time. Respondent No. 3 filed its return and pleaded that respondent No. 3 submitted an application to the Collector, Morena in regard to allotment of land for district office of BJP at Morena of 8,000 sq. ft. Nazul Officer, Morena, directed the Tehsildar to change the use of the land vide letter dated 7-2-2008 on the ground that the land had been registered in revenue record as 'pond' for the purpose of drinking water. The Tehsildar and Sub Divisional Officer recommended for change the nature of use of the land and consequently, the Collector declared the land as 'Nazul Abadi' and, thereafter, the land was allotted to the respondent No. 3. It is further mentioned in the return that a proclamation Ishtahar was published on 23-4-2004 and the objections were invited upto 24-6-2004. On the aforesaid date, no objection was received. Therefore, the Commissioner on 20-12-2006 forwarded the matter of allotment of the land in favour of respondent No. 3. The value of the land was assessed as Rs. 40,92,000/-. It is further pleaded that the land was allotted in favour of respondent No. 3, vide order dated 20-8-2007 in pursuance to the circular issued by the Revenue Department dated 2-8-2000, which prescribes that a land could be allotted to a recognised political party for the purpose of construction of office. It is further mentioned that the political party can use 25% of the constructed area for business or semi-business purpose. The area of the land, which could be allotted to a political party is of 40000 sq. ft. or 40000-10000 sq. ft.

(2.) In the present case, it is clear that no advertisement was issued before allotment of land in favour of respondent No. 3. Apart from this, the nature of land was also changed from 'pond' to 'abadi'.

(3.) Hon'ble Supreme Court in the case of Hinch Lal Tiwari Vs. Kamala Devi, 2001 6 SCC 496, has held as under in regard to change of nature of the land from 'pond' to 'abadi' and the allotment of the said land by the Revenue Authority:--