MUKESH SINGH CHATURVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioners have filed this petition challenging the legality, validity and propriety of the orders Annexure P-1 dated 7.6.2004, (Annexure P-14) dated 4.6.2004 and Annexure R-1 dated 26.8.2005.

(2.) The case of the petitioners is that they purchased the land in question pursuant to the sale deeds Annexure P-2 and P-3. After the said sale deeds, a mutation was done by order dated 9.10.2002 (Annexure P-9). The demarcation was made by way of Panchanama Annexure P-7. Thereafter, the petitioner prayed for change of land use and accordingly permission for diversion was sought for. On 6.5.2003 (Annexure P-5) no objection was given by the Nazul Officer, Gwalior. The NOC was given by Traffic Police by Annexure P-6 and by P.H.E. Vide Annexure P-11. The State Government, in turn, published a notification in the Official Gazette dated 1.8.2003 and by way of this notification dated 23.7.2003 permission for diversion was given. By order dated 11.12.2003 (Annexure P-12), Town and Country Planning granted NOC. The Municipal Corporation granted NOC by order dated 24.2.2004 (Annexure P-13).

(3.) Shri Anil Sharma, learned counsel for the petitioner, by taking this Court to the aforesaid documents and the reply in State Assembly submits that the Govt. has taken a stand before the Vidhan Sabha that Survey No. 1259/1/1/ to 1259/1/8 is a private land. Reliance in this regard is placed on Annexure P-15 and P-16 filed with the rejoinder. On the basis of answer to question No. 5067 and 5066, Shri Anil Sharma submits that State Government has taken a clear stand that the land in question is a private land.