SURESH SETH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition Pro Bono Publico, has been filed to restrain the Corporation from making any changes in the terms of the lease Annexure -P/5 by which the lease of land was granted to the Onkar Charity Trust, Indore through the Administration/Commissioner of Municipal Corporation, Indore and for quashing the resolution of the Municipal Corporation, Indore No. 135 passed by Mayor in Council.

(2.) THE petitioner is the Chief Editor of daily News -Paper (Indore Samachar). He was earlier a Minister in M. P. and also a Member of Legislative Assembly. According to the petitioner, he is interested in the welfare of the public and for that purpose he files petitions. Pro Bono Publico.

(3.) THE respondent Corporation has filed a return in which they have referred to the lease having been executed in favour of the Onkar Charity Trust by the Indore Municipal Corporation, Indore for 30 years at nominal lease rent of rupee one per annum. It is further averred that Sugnadevi College was granted lease of the land admeasuring 5 acres and since the land was not being fully utilised and people had started encroaching thereupon and the Trust was not in a position to run the College, a small portion of the land was segregated for construction of shops to accommodate the persons who were displaced from their shops on account of widening of the road. The Corporation has also filed permission (R/7) of the Town and Country Planning Department, Indore under the provisions of Section 28 read with Section 30 of the said Act. A site Map Annexure R/7 has also been submitted along with the return. The moot question, from the pleadings of the parties, that appears for our consideration is as to whether the intended construction will jeopardise the safety of the Girls studying in the said College and will be a nuisance. Site Map Ex.l9 -A indicates the relative position of the Sugnadevi College, the Temple and the proposed construction. The construction is proposed on the Southern side of the plot allotted to the Sugnadevi College.