JEEVAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPREHENDING the detennination/tennination of the leases granted to the petitioners Newspapers in view of judgment of this Court in Vijay Kumar Tiwari vs. State of Madhya Pradesh, vide order dated 9-12-2005 directing that the leases granted by Development Authorities constituted under Section 38 of the madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as 'the Adhiniyam of 1973') at concessional rates to the newspapers against Rules 19 and 20 are void and are quashed, the petitioners have rushed to this Court to seek a direction to the respondent (Indore Development authority) not to proceed to determine the lease in the light of the said judgment of this Court.

(2.) THESE cases relate to the allotment of land to the Newspapers on the hypothesis that the Newspapers were entitled to such allotment being educational Institution and the land was designated in the Master Plan for the educational purposes. One Vijay Kumar Tiwari filed the said petition (W. P. No. 3518/92) assailing the sanctity, validity, legality and propriety of the action of the development Authority in yielding to the pressure of the State Government and making allotment contrary to the provisions of the Adhiniyam of 1973. It was particularly stressed that Newspapers were not 'charitable Institution' for which land could be allotted on concessional rates. It was in this background that this Court after considering the import, meaning and impact of Rules 19 and 20 of the Madhya Pradesh Nagar Tatha Gram Nivesh Vikasit Bhoomiyo, Griho, bhavano Tatha Anya Sanrachanao Ka Vyayan Niyam, 1975 (hereinafter referred to as "the Niyam") came to the conclusion that such allotments were totally outside the scope of the provisions contained in Rules 19 and 20 and directed that all such demise of plots being void quashed all such concessional leases which traversed outside the scope of Rules 19 and 20.

(3.) THE contention of the learned Counsel for the parties is that firstly it is on the dictate of the State that the lands were allotted at concessional rates and even otherwise since the newspapers were rightly held to be subserving educational purposes as held by this Court in the judgment rendered on 30-4-1998 by a Division Bench in Compac Printers Pvt. Limited and others Vs. Indore development Authority, Misc. Petition No. 1197/1989, the matter did not remains res Integra and, therefore, there was no impediment in allotment of land designated in the Master Plan as educational.