KHUSHAL DAS PHATNANI Vs. RAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition has been filed challenging the action of respondents 1 to 4 in allotting plots over Kh. Nos. 327/ 18 and 327/ 19 of Tikrapara, Raipur without acquiring the said lands by following the procedure as required under the provisions Madhya Pradesh Town Improvement Trust Act, 1960, or under the Madhya Pradesh Nagar Tatha Gram Niwesh Adhiniyam, 1973.

(2.) The petitioner owned Kh. Nos. 327/ 18 and 327/ 19. Over the said lands houses have been constructed by the respondents 5 to 12 on having been allotted the said plots by the Raipur Development Authority.

(3.) That, the record shows that the M. P. Town Improvement Trust Act was in force, Schemes were published sometime in the year 1971 both in the Government Gazette and local newspapers. The said schemes appear not to have been finalised and the Raipur Development Authority was established sometime in 1977. On establishment of Raipur Development Authority, M. P. Town Improvement Trust Act ceased to apply and the schemes which were already published had to be completed under the provisions of the M. P. Nagar Tatha Gram Niwesh Adhiniyam.