ANIL GUPTA Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONERS have filed this Pro Bono Publico petition under Articles 226 and 227 of the Constitution of India. In the petition their contention is that the State of Madhya Pradesh have allotted thousands of acres of land to the respondent No. 12-Gwalior Sugar Company Limited, Dabra for running a sugar factory but the Directors and owners of the Company in a planned manner are converting the aforesaid land into commercial plots and they are selling it through the power of attorney and respondents No. 1 to 11, who are the officers of the State including the General Manager of Industries Department, sub-Registrar and President, Nagar Palika Dabra in collusion have allowed respondents No. 12 and 13/company to use it for commercial purposes and helping them in transferring the same land. The petitioners, who are public spirited citizens and are businessmen paying income tax have come to the Court to stop the sale of Government land illegally, contrary to the terms and conditions of the allotment through the corrupt practices.

(2.) IN nutshell, the contention of the petitioners is that in the Gwalior district, Government of Madhya Pradesh with a view to provide employment have allotted around 16000 bighas of land to Gwalior Sugar Factory, Dabra and have also reserved further land of the poor villagers for growing sugarcane so that the sugar mill may get the regular supply of sugarcane for running the sugar factory. It is further submitted that land has been allotted for installation of a factory, plant and office and not for sale or for running commercial activities or for residential purpose. The respondent No. 13 through power of attorney has sold the land situated in the central area of Dabra City, adjoining to the road after breaking the boundary wall of the factory, to the persons and institutions for business purpose and also for residential houses; illegal activities are being carried on the said land and all the officers/respondents No. 1 to 11 as mentioned in the petition in connivance with the officers of the factory and respondents No. 12 and 13, contrary to the terms, have made illegal entries in the revenue record and allowed permission as well as allowed the transfer of the land. Copies of the sale deeds have been filed on record and their basic contention is that it is the government land and has been allotted to the company for industrial use and the same cannot be transferred to a private party for the private use either for colonization or for commercial use and, therefore, the action of the respondents is totally illegal and the petitioners have raised an alarm against the illegal and corrupt activities of the respondents and have filed this petition in public interest.

(3.) RETURN has been filed on behalf of respondents No. 1 to 10. Earlier stand of the respondents/state was to support the case of the respondents No. 12 and 13 but Government has filed additional return. It has been mentioned that the Gwalior sugar Company is also having one subsidiary company in the name of Gwalior agriculture Company. The State has submitted that in Samvat 1998 and Samvat 2000 the erstwhile Government of Gwalior State and Jamindar had given 6 pattas and total 215. 6 bighas of land in favour of the respondent No. 12 company in Case no. 527/74-75 (A-90) and the terms and conditions are mentioned in the aforesaid six pattas. It is clear that pattas were granted in Samvat 1997 till the existence of karkhana. The land will remain in possession of the company and company will not perform any agriculture operations thereon. From the conditions mentioned in the pattas it is clear that pattas were granted for establishment of the factory. It was submitted by the State that even if the name of company has been mentioned as bhumiswami in the revenue record, but the company cannot claim any right over the land in excess of the terms and conditions of the pattas and the respondent No. 12 and 13 have no right to transfer the aforesaid land of the pattas to anybody else. It is further mentioned in the return that why the Government has allotted the land to Gwalior Agriculture Company and in which cases, the original record pertaining to that is not available but in case of agriculture ceiling the Additional commissioner Gwalior Division Gwalior in Case No. 7/78-79/a/98/b-3 vide order dated 3-2-1998 declared 3825. 768 acres of land of Gwalior Agriculture Company as surplus, against which Writ Petition No. 591/99 is pending in the High Court and against the order dated 23-3-1998 passed by Additional Commissioner, another Writ Petition No. 751/99 and Writ Petition No. 911/99 are also pending. The State has also filed true copies of six pattas on record.