ASHRAF ALI Vs. STATE OF M.P

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the orders dated 31/05/2013, 01/10/2013 and 25/06/2015 passed by respondents No.1 to 3.

(2.) Brief facts of the case are that the petitioner, who is a farmer by occupation, has submitted an application in the prescribed form/proforma for grant of permission to develop and construct a Farm House before respondent No.3 over the land bearing survey No.48 Khasra No.60 area 2.468 hectares situated at Badanpur District Jabalpur. The land in question of the petitioner is designated and reserved for plantation and city afforestation. The application filed by the petitioner for permission to develop and construct the Farm House over the land has been rejected by respondent No.3 vide order 31/05/2013 on the ground that in the Jabalpur Development Plan, 2021; the proposed land is reserved for city afforestation and plantation and, therefore, the construction of Farm House is not permissible over the land in question. The petitioner has submitted an application in prescribed form as given in para 4.10 of the Jabalpur Development Plan 2021 as well as under Rule 17 of the M.P. Bhoomi Vikas Rules, 2012 for grant of permission to develop and construct the Farm House over the said land. Respondent No.3 has refused to accept the application form for grant of permission from the petitioner although the same was accompanied with the requisite fee of Rs. 5000/- drawn by Union Bank of India on 19/02/2013 in the name of respondent No.3 which was sent in the office of respondent No.3 by registered post on 26/02/2013. The application was duly received in the office of respondent No.3 on 27/02/2013. The minimum required land for construction of Farm House is 1 acre or 43560 sq.ft. Which is equivalent to 4045 sq.meters, whereas the land owned by the petitioner for which the petitioner submitted an application for grant of permission is more than 12541 sq.meters i.e. 3.10 acres. Similarly, the maximum FAR (Floor Area Ratio) permissible ratio of constructed area is 0.10 i.e. total 10% of the plot area, is permissible ratio for Farm House, whereas the petitioner applied for construction on 4.93% of the total plot area of the agricultural land of the petitioner. Respondents vide letter dated 22/03/2013 has asked the petitioner to deposit requisite application fee through Bank Challan. On 01/04/2013 the petitioner submitted the Bank Challan receipt of Rs. 5000/- dated 28/03/2013. Thereafter, on 31/05/2013, respondent No.3 rejected the application but till 10/06/2013 not informed/ communicated/ intimated its decision through letter or served/supplied the copy of the order dated 31/05/2013 through any mode to the petitioner. The petitioner for the first time came to know about the order dated 31/05/2013 on 10/06/2013. In this way, respondent No.3 consumed almost 93 days time in deciding the application for grant of permission or in passing the order dated 31/05/2013. The time consumed in correspondence is only 11 days. Hence as the respondents failed to communicate their decision regarding grant or refusal of permission for development of land within 60 days, on expiry of the period of 60 days of the receipt of the application, permission shall deemed to have been granted, as per Section 35 of the M.P.Nagar Tatha Gram Nivesh Adhiniyam (herein after referred as 'the Adhiniyam').

(3.) Learned counsel for the petitioner submits that the application preferred by the petitioner has been rejected on the ground that the same land is reserved for plantation and city afforestation under the Jabalpur Development Plan 2021. The petitioner has submitted an application for grant of permission to change the land use under Section 61(1)(a) of the Adhiniyam, 1973 for the purpose of agriculture is neither covered under para 1.11 nor para 1.12 of the existing Jabalpur Development Plan,2021. The development and construction of Farm House is covered under the Rules, 2012 as well as under Clause/ para 4.10 of the Jabalpur Development Plan, 2021. Nowhere it is provided either under the Rules or under the Development Plan, 2021; the construction of Farm House over the land reserved for agriculture or plantation or city afforestation or any other purpose, no Farm House can be constructed. Against the impugned order dated 31/05/2013, the petitioner has preferred an appeal under Section 31 of the Adhiniyam of 1973 before respondent No.1. Respondent No.1 vide order dated 08/05/2014 has decided the appeal and remanded the case back to the Joint Director, Town and Country Planning. Against the order dated 08/05/2014 petitioner has approached to this Court by filing a W.P.No.10771/2014. The said writ petition was allowed vide order dated 30/07/2014. While allowing the said appeal, this Court pleased to quash the order dated 08/05/2014 and directed the State Government to decide the representation within two months from the date of receipt of certified copy of the order. In pursuance to the direction issued by this Court, respondent No.1 had passed the order dated 25/06/2015 thereby rejecting the representation preferred by the petitioner. Against the said order, the petitioner has filed the present writ petition.