SHRIRAM BUILDERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition the petitioner has prayed for quashing of orders dated 5-10-2006, annexures P11, 11-A and 11-B passed by respondent No. 1, State Government whereby it has, in exercise of its suo motu powers of revision, set aside the orders dated 7-7-2006 Annexures P5, P6 and p7, passed by respondent No. 3, Joint Director, town and Country Planning, Indore. Petitioner has also prayed for quashing of gazette notification dated 4-8-2006 Annexure p-14, published by respondent No. 4, indore Development Authority and another gazette notification dated 18-8-2006 Annexure-P21, published by respondent No. 1, state Government under Section 4 of the land Acquisition Act:

(2.) THE facts giving rise to this petition are as under : petitioner is a partnership firm and is involved in construction business. Respondent No. 4, indore Development Authority (in short "the Authority") has been constituted under section 38 of the Madhya pradesh Nagar Tatha Gram Nivesh adhiniyam, 1973 (in short "the Adhiniyam")and is amenable to the writ jurisdiction of this Court. Petitioner is owner and in possession of lands bearing survey Nos. 73/4/2,74,75/3, area 1. 237 hectare; survey Nos. 83/2, 84/2, area 1. 237 hectare and survey no. 66/2, area 0. 720 hectare, situated at village Khajrana, District Indore.

(3.) ON 14-5-1993, the Authority passed a resolution under Section 50 (1) of the adhiyam declaring its intention to prepare a town development scheme, which was numbered as scheme No. 132. The scheme included the above mentioned lands of petitioner. On 28-5-1993, the Authority issued a communique for the publication of its declaration of intention of the scheme as required under Section 50 (2) of the Adhiniyam. The Authority, therefore, sent letters dated 29-5-1993 and 1-6-1993 to daily newspapers (Dainik Bhaskar and Nai Duniya) and the Controller, Government Regional Press, for such publication in the newspapers and gazette. Declaration of the intention of scheme was published in the gazette on 18-6- 1993. Thereafter survey of the lands comprised in the scheme was made and a town development scheme in a draft form was prepared. The draft form of the scheme so prepared was published in the gazette on 26-5-1995 as required under Section 50 (3)of the Adhiniyam. Objections and suggestions were invited from public at large with respect to the draft development scheme.