KAMAL SINGH NARRE Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER claims to be a person, who is owner of certain land measuring 7.57 Acres comprising of Khasra Nos. 135/7, 136/1, 135/5 and 135/6 situated in District Hoshangabad. It is the case of the petitioner that he alongwith one Shri Ashok Jamnani applied for development of colony in respect of the land in question. Permission has been granted under Rule 12 of the MP Colonizer Registration Nirbandhan Tatha Sharten Niyam, 1999 and under the MP Panchayat Rajya Adhiniyam. Thereafter, certain conditions have been imposed for development of the land, but by the impugned order-dated 3.6.2011 - respondent No. 3 has imposed an additional condition to the effect that petitioner should comply with the directions of section 165 (6) of the MP Land Revenue Code and before selling the plots the petitioner should obtain permission of the competent authority. It is stated that permission under section 165 (6) is not required to be obtained, as the provision is not applicable to the petitioner in view of the fact that the land in question is not agricultural land and the same is located within the limits of Municipal Council, Hoshangabad and, therefore, the provision of section 165(6) is not applicable.

(2.) INTER alia contending that the additional condition to this effect imposed by respondent No. 3 by the communication dated 3.6.2011 is unsustainable, this writ petition has been filed.

(3.) FROM the records it is seen that on the last date time was granted to the respondents as a matter of last indulgence and even today reply is not filed by the respondents.