LAWS(MPH)-2023-4-157

COMMISSIONER Vs. SHAILENDRA CHOWDHARY

Decided On April 05, 2023
COMMISSIONER Appellant
V/S
Shailendra Chowdhary Respondents

JUDGEMENT

(1.) The Intra Court Appeal filed under Sec. 2(1) of Madhya Pradesh Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam, 2005 takes exception to the order dtd. 15/12/2017 passed in W.P. No.1083 of 2015 (Shailendra Chowdhary Vs. Commissioner, Jabalpur Division, Jabalpur), whereby learned Single Bench has set aside the impugned orders dtd. 6/5/2014, 16/9/2014 and 13/1/2015 and directed the official respondents to allow the application dtd. 17/2/2015 seeking change of land use by the petitioner. W.P. No.6880 of 2017 filed by owner containing the identical issue is also decided by this common order/judgment. Factual Background and stand of appellants :-

(2.) The respondent/petitioner of W.P.No.1083 of 2015 entered into an agreement with the owners of lands bearing Kh. Nos. 337/1, 337/2 and 337/3 situated at N.B.-150, PH. No. 36/25 Mouja Gunsour, RNM, Jabalpur -2, Tahsil and District Jabalpur on 21/4/2012 (Annexure R-1).

(3.) Madhya Pradesh Bhumi Vikas Rules 2012 (in short 'the Rules of 2012') were enforced by the State Government w.e.f. 30/5/2012. On 4/1/2013, a notification was published in the gazette under Sec. 24(3) of the Nagar Tatha Gram Nivesh Adhiniyam 1973 (hereinafter called as 'the Adhiniyam') making the Rules of 2012 applicable to various planning areas. However, in this notification, (Annexure P-5), there was no mention about the Bhedaghat Planning Area.