RADHESHYAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This order shall also govern the disposal of WA No.271/2006, WA No.27282006, WA No.289/2006, WA No.290/2006, WA No.291/2006, WA No.292/2006, WA No.293/2006, WA No.294/2006, WA No.326/2006, WA No.356/2006, WA No.357/2006, WA No.359/2006, WA No.360/2006, WA No.361/2006, WA No.362/2006, WA No.363/2006, WA No.405/2006, WA No.406/2006, WA No.491/2006 and WA No 420/2006, However, for the sake of convenience, the facts are referred to from WA No.433/2006 and WA No.271/2006.

(2.) THOUGH the record of each appeal is quite voluminous, on account of the able assistance of the counsel for the parties, it appears that basically the appellants have challenged the order of the respondents in so far as it dispenses with the enquiry under section 5A of the Land Acquisition Act while applying the provisions of section 17(1) of the Land Acquisition Act, 1894 (hereinafter referred as to 'the Act).

(3.) RESPONDENT , the Indore Development Authority, has been constituted under section 38 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as 'the Adhiniyarm for implementing the proposals in the development plan, preparing one or more two development schemes and acquisition and development of land for the purpose of expansion or improvement of the area specified in the notification under sub -section (1) of section 38 subject to the provisions of the Act. The town development scheme can be framed in respect of the matters enumerated in section 49 of the Adhiniyam. According to section 49, a town development scheme may make provisions for acquisition, development and sale or leasing of land for the purpose of town expansion; acquisition, relaying out of rebuilding, or relocating areas which have been badly laid out or which has developed or degenerated into a slum; acquisition and development of land for public purposes such as housing development, development of shopping centres, cultural centres and administrative centres; acquisition and development of areas for commercial and industrial purposes; undertaking of such building or construction work as may be necessary to provide housing, shopping, commercial or other facilities; acquisition of land and its development for the purpose of laying out or remodelling of road and street patterns; acquisition and development of land for playgrounds, parks, recreation centres and stadia; reconstruction of plots for the purpose of buildings, roads, drains, sewage lines and other similar amenities; and any other work of a nature such as would bring about environmental improvements which may be taken up by the authority with the prior approval of the State Government.