METALCRAFT INDUSTRIES Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER in this writ petition is assailing the order (Annexure F), dated 25-11-1988 by Industries Commissioner and memo (Annexure I), dated 20th March, 1992 issued by the General Manager, District Industries Centre, Bhopal. Prayer is made to further declare that provisions of Urban Land (Ceiling and Regulation) Act, 1976 are not applicable on the factory and premises of the petitioner and mandamus be issued for restraining the respondents from disturbing the possession of petitioner over Plot Nos. 56 and 57-A, Govindpura, Bhopal.

(2.) INJUNCTION was granted to the petitioner by the order of Revenue Minister (Annexure H ). However, it appears that later an order was passed on 11-11-91 by which State Government decided not to give exemption to the petitioner which is mentioned in the bottom note of memo (Annexure I), dated 20th March, 1992. It is mentioned in the memo that possession was not taken and compensation has also not been disbursed, compensation was to be paid after taking possession. Division Bench of this Court stayed the operation of the memo (Annexure I), dated 20th March, 1992 on 7-4-1992, the order dated 7-4-1992 remains to be operative as on today. Thus, it is clear that possession from the petitioner has not been taken.

(3.) NO return has been filed by respondents which is the usual feature of the respondents not to file the return though the petition was admitted in the year 1992. Since this has not been traversed in the reply that possession has not been taken by the respondents and there was interim stay, compensation has not been disbursed, the provisions of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 has come to rescue of the petitioner, savings are provided under Section 3 to the vesting of any vacant land under Sub-section (3) of Section 10, possession of which has been taken over by the State Government. Saving is also provided to the order of exemption passed under Sub-section (1) of Section 20, saving is further provided to any payment made to the State Government as a condition for granting exemption under Sub-section (1) of Section 20. Clause (a) of Sub-section (2) of Section 3 provides that if any land is deemed to have vested in the State Government under Sub-section (3) of Section 10 of the Principal Act, but possession of which has not been taken over by the State Govt. and any amount has been paid by the State Government with respect to such land, then such land shall not be restored unless the amount paid, if any, has been refunded to the State Government.