BHOPAL Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner before this Court, a Society registered under the Societies Registrikaran Adhiniyam, 1973 registered in the name and style of 'Devi Shakuntala Thakral Charitable Foundation ' has filed this present writ petition seeking the following reliefs :

(2.) FURTHER contention of the petitioner is that the petitioner is owner of land admeasuring 29.778 Hectare situated at Village Jakhya, Tahsil Sanwer and District Indore including land bearing Survey No. 81/1, 98, 99,100 and 181 admeasuring 5.347 hectares.

(3.) CONTENTION of the petitioner is that the respondent No. 1 State, in exercise of the powers conferred under the M. P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 has issued a Master Plan known as Indore Development Plan 2021 and as per the Indore Development Plan 2021, popularly known as Master Plan, the land use in respect of the land in question is prescribed as ''Mandi ''. The grievance of the petitioner is that he cannot establish a Mandi, being a Society registered under the provisions of the Society Registrikaran Adhiniyam that too being Charitable in nature and, therefore, the land belonging to the petitioner - Society is going waste. Learned counsel for the petitioner - Society has drawn attention of this Court towards section 34 and section 35 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 and contention of the learned counsel for the petitioner is that the State Government has to decide the petitioner 's notice (Annexure P -4) dated 4.10.2013 on merits either by acquiring the land of the petitioner or by changing the land use. It has also been stated that by some mechanical order dated 16.1.2014 the notice has been turned down by the respondents.