HEERAMAN SONKAR Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner has filed this petition praying for quashing the order dated 10.6.1999 (Annexure A 16) passed by the State refusing to accept the proposal of the respondent no.2 Jabalpur Development Authority (for short hereinafter referred to as the "JDA"). The petitioner has also prayed for quashing the lease deed dated 20.10.2000 executed by the JDA in favour of respondent no. 3 as well as for quashing the Scheme no. 2 A framed by the JDA and to release the entire land of khasra no. 53, situated in village Hridaypur, Patwari Circle No. 28, Bandobast no. 752, area 26.52 acres to the petitioner.

(2.) THE brief facts leading to the filing of the present petition are that the petitioner's mother Smt. Lalita Bai was the owner of Khasra no. 53 situated in village Hridaypur, Patwari Circle No. 28, Bandobast no. 752, area 26.52 acres. The Town Improvement Trust Jabalpur in the year 1968 prepared a scheme and was granted permission by the State to acquire the land in pursuance thereto. In the scheme prepared by the Town Improvement Trust, the land owned by the petitioner's mother was also included and ultimately the same was notified for the purpose by notification dated 21.8.1970 issued under section 71 (1) of the M.P. Town Improvement Trust Act 1960 (for short hereinafter referred as the "Act 1960") by the State Government and possession thereof was taken over by the Town Improvement Trust. The proceedings for determining and paying the compensation in respect of the land were taken up by the Town Improvement Trust Authorities. It is stated that Smt. Lalita Bai executed a Will of the property in question in favour of the petitioner on 22.12.1988 and thereafter she died on 22.10.1989. In the meanwhile, on coming into force of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam 1973 (for short hereinafter referred as the"Adhiniyam 1973"), the Town Improvement Trust, Jabalpur, was abolished and in its place the JDA was constituted. The JDA gave a notice to the petitioner on 1.4.1980 proposing an amount of compensation. However, the notice was subsequently withdrawn and it was proposed by the notice dated 28/7/1981 that a compensation of Rs. 40,793.37/ shall be paid to the petitioner for the land acquired.

(3.) IT is submitted by the learned counsel for the petitioner that subsequently on 30/9/1993, the JDA passed a resolution stating therein that the land in question had several encroachments and was hilly land and therefore, the same be excluded and released from the scheme and this resolution was forwarded to the State Government on 3.3.1994 for its acceptance and passing appropriate orders.