DASHRATH Vs. STATE OF M.P.

JUDGEMENT

(1.) Present petition has been filed by the petitioners as pro bono publico challenging the action of the respondent No.6 Municipal Council, Khachrod by which they have passed a resolution to develop a park over the vacant land within the municipal area of Khachrod. According to the petitioners land bearing Khasra Nos.992, 993, 994 & 995 are being used as playground area by the local community and there is a path/road situated over the land bearing Survey No.1209 and by constructing a park the said path would be blocked. It is submitted that in the year 2011 a resolution was passed by the respondent No.6 for constructing a stadium over the said playground but without any reasons another resolution has been passed to convert the said playground into a park on 19.03.2013. The public at large and sports persons of the locality have objected the act of the Municipal Council and submitted a representation to the Collector and others on the ground that this is the only playground available for the players and if a park is constructed over the said land then they would be deprived of sports activities. Apart from that the path over Khasra No.1209 is being used by many agriculturists and local residents and if park is constructed over it then they would not be in a position to reach their agricultural field, therefore, the construction of the park is not in public interest. Hence, this petition has been filed by the petitioners.

(2.) In reply respondents No.1,3,4 and 5 filed their reply in which it is stated that Survey Nos.992 to 995 are not notified or earmarked for playground but the same has been notified and recorded as "Abadi land" which belongs to the Municipal Council, Khachrod, therefore, the Municipal Council is free and competent to pass the resolution and free to use the said land. So far as the contention regarding the public road is concerned, it is submitted that no such road is passing through the park and the said road is also not recorded in the revenue records. Besides that petitioners have an alternative efficacious remedy of filing an appeal under section 307 of the M.P. Municipalities Act, 1961 against the resolution passed by the by the Municipal Council. Petitioners have not approached this Court with clean hands as they have suppressed the material fact that there are six other playgrounds available in the Municipal limits of Khachrod for the public at large and by suppressing this fact they have obtained the interim order from this Court. In view of the law laid down in the case of State of M.P vs. Narmada Bachao Andolan reported in (2011) 7 SCC 639 petitioners are guilty of suppression of material and incorrect facts, therefore, this petition is liable to be dismissed.

(3.) They have placed further reliance over the Ramjas decisions in the matters of the Foundation and others Vs. Union of India and others reported in AIR 1993 SC 852, Noorduddin Vs. Dr.K.L. Anand (1995) 1 SCC 242, Ramniklal No.Bhutta and others vs. State of Maharashtra and others reported in AIR 1997 SC 1236, Sabia Khan and others Vs. State of U.P and others reported in (1999) 1 SCC 271, SJS Business Enterprises (P) Ltd. Vs. State of Bihar and others reported in (2004) 7 SCC 166 and Union of India and others vs. Shantiranjan Sarkar reported in (2009) 3 SCC 90.