LAXMAN SINGH GURJAR Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has filed this probono publico petition under Articles 226 and 227 of the Constitution of India. Petitioners have claimed to be the residents of narwar Nagar Panchayat and a social worker. They have filed this petition alleging therein that the Nagar Panchayat Narwar and Collector including the s. D. O. Karera and the Chief Municipal Officer Nagar Panchayat Narwar have illegally granted No Objection Certificate to the respondent Nos. 6 and 7 for installation of Petrol Pump, as the land is recorded as 'trench', which is being used for collecting the water as a reservoir and that water is being supplied to the city of Narwar. It is also the case that the aforesaid trench is recorded in the name of one Gajua son of Kashia who was also having possession over the same and admittedly the said land has been purchased by respondent No. 7 from aforesaid gajua son of Kashia. It is further stated that the aforesaid trench is situated below the outer boundary of the Narwar Fort, therefore, the same is also the part of the Fort. It is further stated that the place where the petrol pump is being installed is very close to the protected monument and, therefore, as per the provisions of the M. P. Ancient Monuments and Archaeological Sites and remains Act, 1964 (in short the 'act of 1964'), no permission can be granted to the respondents to install the aforesaid petrol pump. It is further submitted that the Nagar Panchayat has not granted any permission as required under Section 187 of the M. P. Nagar Adhiniyam, 1961. There is a dispute about the grant of permission by the Nagar Panchayat Narwar prior to the construction therefore, there is no legal and valid permission on record. Petitioners submitted that a resolution has been passed not to grant permission and, therefore, prayed for the relief that the respondents be restrained not to raise any construction and if any construction has been raised for installation of the petrol pump, the same be directed to be removed and the aforesaid land be reserved to be used as reservoir so that the villagers may not be deprived from getting water and if any "no objection Certificate" has been issued, the same be also cancelled.

(2.) RETURN has been filed on behalf of the respondent Nos. 1 to 3/state. The State has denied the allegations mentioned in the petition. On the contrary, it is submitted that the supply of petrol, diesel is necessary in the rural area for proper development of the area and cultivation of the fields by tractors. State has submitted that the land bearing Survey No. 1960 belongs to one Jugal kishore Maheshwari. There is no pit nearby this survey number, the land is plain and the pit where water is being stored is too far from the place where petrol pump has been installed. Only in rainy season, there is water storage in the pit and after rainy season, pit used to get dry. Since the land has already been sold by gajua, therefore, now they have no concern with the land in dispute. In fact, the land has been purchased by Smt. Raghu wife of Shibboo Dheemar in the year january, 1992. Copy of the sale deed has also been filed by the State on record. State has further submitted that the resolution Annexures P-4 and P-5 have no concern with the present controversy. The Chief Executive Officer of Janpad panchayat Narwar has given No Objection Certificate dated 26-6-03 for establishing petrol pump which is Annexure R-3. The State has also filed the document according to which the District Magistrate has also granted N. O. C on 1-7-2003. The Superintendent of Police has also granted N. O. C on 28-10-2003. The Executive Engineer P. W. D has also granted N. O. C. on 26-6-2003 to the district Magistrate who had also recommended to the S. D. O. for grant of permission on 26-6-2003 and it was the contention on behalf of the State that the petrol pump is necessary in the area. State has denied this fact that there is no well, tank, canal or water supply source on the disputed land. They have further denied that this land has nothing to do with the water problem of the town of narwar. Establishment of petrol pump is beneficial to the town of Narwar and cultivators and within the radius of 45 kmtr. there is no other petrol pump and in nutshell has supported the case of the respondent Nos. 6 and7.

(3.) RESPONDENT No. 7 owner of the petrol pump has also filed return. His contention is that the Public Interest Petition has been filed due to personal rivalry of the petitioners and answering respondent. The land in question has been purchased by him from Raghu wife of Shibboo and Gajua son of Kashia. Both the sale deeds have been filed on record. The petrol pump has been installed after obtaining various permissions and No Objection Certificates from the various authorities and at present the same is in a running condition. Respondent No. 6 has also filed return. His preliminary objection is regarding the maintainability of the petition. It is submitted that there are other various statutory provisions in which the petitioners can seek redressal of their grievance. An advertisement was published by the respondent-Company in a daily newspaper "dainik Bhaskar" on 13-11-2002 and application was filed by respondent No. 7 fulfilling the conditions of the advertisement. Prior to the establishment of petrol pump the area was surveyed and after considering the need and interest of the general public, the advertisement for installation of petrol pump was issued and after taking various permissions, the respondent no. 7 was selected and petrol pump has been allotted to him on lease to the respondent No. 7 for a period of 29 years as per the terms and conditions of the respondent-Company. They have submitted that before granting lease, they have fully complied with the conditions and lease has rightly been granted in favour of the respondent No. 7.