CHAMELI DEVI AGARWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constn.

(2.) Petitioners purchased agricultural lands bearing survey Nos. 98/1/2 98/1/3 and 98/1/4 area 3.10 acres situate at village Lasudia Mori, Tehsil and District Indore. Petitioners applied under the Madhya Pra-desh Land Revenue Code for permission to divert these lands for non-agricultural purposes. Permission was granted by the Sub-Divisional Officer Indore-Sanwer on 15-4-1981 (Annex. A). Petitioners intended to construct a shopping complex on these lands and submitted the plan for the proposed construction for approval to the Gram Panchayat of village Lasudia Mori. The Gram Panchayat approved the plan and on the basis of the approved plan cement and other building material was allotted to the petitioners by the Civil Supplies Department of the State Government, petitioners started construction of a marketing complex and spent a considerable amount on it. When they were half-way-through, petitioners approached the Madhya Pradesh Electricity Board for electricity connection for the proposed marketing complex. The Board advised the petitioners to obtain a No Objection Certificate from the Town and Country Planning Department. Petitioner applied to the Joint Director, Town and Country Planning Department on 12-8-1981. The Joint Director refused permission on the ground that according to the Master Plan the lands could be used only for agricultural purposes. This letter dated 28-8-1981 is Annexure-C. The petitioners preferred an appeal under Section 31 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (the Adhiniyam hereafter) which according to the petitioners is pending before the Commissioner, Indore. On 1-9-1981 a notice purporting to be under Section 37 (1) of the Adhiniyam issued by the Joint Director, Town and Country Planning, Indore was served on the petitioners to remove the construction within a period of one month from the date of the notice. The notice is Annexure-E. Peti-tioners then applied to the Director, Town and Country Planning for permission to retain the construction on the lands in question in accordance with the provisions contained in Sub-section (3) of Section 37 of the Adhiniyam. Petitioners apprehended that the Town & Country Planning Department might take action for demolition of the construction and, therefore, they filed a suit for injunction before the Civil Judge Class II, Indore on 8-10-1981 and an ex parte ad interim injunction was issued on the same day restraining the Director and Joint Director, Town and Country Planning Department from demolishing the construction until further orders. Copy of the Court's order is Annexure-F. On 10th Oct. 1931 in the early hours of the morning at about 4.30 a.m. the Joint Director, Town & Country Planning went to the spot along with Additional Collector, Indore, Sub-Divisional Officer Indore City Superintendent of Police Indore, a posse of constables and a big gang of labourers equipped with Bulldozers, Dynamites and Cranes etc. The demolition work was started under the supervision of the officers mentioned above. A substantial portion of the construction was demolished before the petitioners came to know about it and they rushed to the spot and on the basis of the injunction issued by the Civil Court got the demolition work stopped.

(3.) On 12-10-1981 Sub-Divisional Officer, Indore-Sanwer served a notice purporting to be under Section 172 (5) of the M. P. Land Revenue Code on the petitioners asking them to remove the construction and to restore the land to its original state within two days. This notice is Annexure-G.