MUNAWWAR ALI & OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, except the petitioner No.32, have invoked the writ jurisdiction of this Court on the assertion that they are in adverse possession of the land in question and the respondent Nos.2, 3 and 4 have carried out a massive demolition drive of the houses and shops of the petitioners and many others situate in the area of Krishna Nagar, Banganga Nagar, Tantya Tope Nagar (T.T. Nagar) and Ahata of Rustom Khan. The assertion is that the residents are in possession since many years and have perfected their title by virtue of long and uninterrupted possession. Their relevant assertions as contained in the writ petition are as follows:-

(2.) The stand of the petitioners is that the respondent No.1 has launched a Smart City Mission project under which 100 cities were W.P. No. 8830/2017 shortlisted to be developed as "Smart Cities". Shivaji Nagar, Bhopal was selected for Area Based Development (ABD), which includes redevelopment of 333 Acres of Government land at Shivaji Nagar situated between New Market and M.P. Nagar, Bhopal.

(3.) The petitioner No.32 has been impleaded in a representative capacity to represent the interest of other similarly situated persons being elected representative of local Municipal Corporation. The assertion is that the respondent Nos.2, 3 and 4 have entirely changed the Smart City Plan, which was to be executed in Shivaji Nagar to Tantya Tope Nagar (TT Nagar). The grievance of the petitioners is against the widening of road from Polytechnic Junction to Bharat Mata Square inter alia on the ground that the petitioners have perfected their title over the said land by adverse possession and that as per M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (in short "the Act of 1973"), the use and development of land is required to conform to the provisions of the development plan prepared under the aforesaid Act. It is also mentioned that the development, regional, zonal plans are to be published in terms of the provisions of the Act of 1973 and that such Act of 1973 occupies the field of land plan, land use and land development scheme. It is, thus, contended that Smart City Guidelines (Annexure P-1) cannot override the Act of 1973 and cannot be enforced in the State of Madhya Pradesh.