DEVENDRA PRAKASH MISHRA Vs. STATE OF M.P

JUDGEMENT

(1.) BY this petition, filed as Public Interest Litigation, the petitioners have prayed for a declaration that the construction put up by respondents no.6 and 7 on Khasra No.398, 400 and other Khasras of Ganesh Nagar Colony, Bhopal, (Bawariya Kalan) of the hotel and building are illegal; and to issue direction to the State Authorities to remove the same immediately. The petitioners have also asked for a direction to appoint independent agency out of State of Madhya Pradesh to enquire into the illegal activities resorted to by the respondents with the connivance of the Government officials; and to register offence against the guilty persons. It is further prayed that the respondents be directed not to legalise or regularize the illegal construction put up by the private respondents no.6 and 7.

(2.) THIS petition is resisted by the respondents by filing detailed reply affidavits. In the petition although diverse assertions have been made, however, during the arguments broadly three grounds have been urged by the counsel for the petitioners. The first ground is that the sale -deed executed in favour of respondents no.6 and 7 by the respondent no.8 was misleading and has resulted in causing loss to public exchequer due to connivance and acts of commission and omission of the Government officials. The second ground is about violation of the conditions imposed by the Sub Divisional Officer (S.D.O.) while permitting diversion of the usage of the land in question from agricultural to non -agricultural purpose, in particular conditions no.4, 5, 6 and 9 thereof. It is lastly contended that FIR has been registered on the basis of complaint made by the petitioners as back as on 11.9.2009 which has not been enquired into and no effective steps have been taken for the reasons best known to the Police Authorities.

(3.) DURING the rejoinder, counsel for the petitioners made an attempt to argue one more contention to the effect that the respondents No.6 and 7 have put up construction on Government/Municipal lands, as can be discerned from the observations found in communication dated 22.7.2002, annexure P/26, appended to the rejoinder filed by the petitioners in response to the reply affidavit filed by respondents no.1 to 4 and the additional reply affidavit filed by respondents no.6 and 7.