GSB CONSTRUCTION PVT. LTD Vs. JABALPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) AS the name suggests, the petitioner is involved in construction business whereas respondent no.1 is the Jabalpur Development Authority (in short, "the Authority") established under section 38 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (in short, "the Adhiniyam"). By virtue of section 39 the Authority is a body corporate and has perpetual succession and a common seal, with power to acquire and hold property both moveable and immovable.

(2.) THE Authority prepared a Town Development Scheme popularly known as "Scheme No.14" for the area 104.215 hectares of land. The Scheme was finally published vide notification dated 29.4.1983 as required under section 50(4) of the Adhiniyam. From the date of notification, the Authority is in possession of 52.117 hectares whereas rest of the land has been in possession of the owners. On 10.11.1993 the Authority resolved to retain 52.117 hectares and to acquire 300 square feet of land each near Regional Bus Stand and Main Road.

(3.) IT is argued on behalf of the petitioner that section 54 of the Adhiniyam clearly provides that when the Authority fails to complete the implementation of the Scheme within a period of five years from the date of notification of the final Scheme under section 50, it on the expiration of the said period, lapses and, therefore, the communication dated 6.9.2007, Annexure P7, and letter dated 25.7.2007, Annexure P9, cannot be sustained. The learned counsel for the Authority, on the other hand, has argued that since part of the Scheme has been implemented, the Scheme has not lapsed. On this argument, he has defended the action of the Authority declining to grant NOC to the petitioner.