STATE OF M P & OTHERS Vs. SUNIL

JUDGEMENT

(1.) This intra court appeal under Section 2 (1) of M.P. Uchcha Nayayalaya (Khand Nyaypeeth Ko Appeal), Adhiniyam, 2005, is directed against the order dated 18.3.2015 passed by the writ court allowing the Writ Petition No.3945/2010, preferred by the respondents.

(2.) After the enactment of the Urban Land (Ceiling & Regulation), 1976 (for short 'the Act') imposing ceiling of vacant land of urban agglomerations, one Kasturi Bai widow of Sukhram, who was landowner of survey no.310 area 0.359 hectare of village Tejpur Gadbadi, Tehsil & District Indore, submitted a statement under Section 6 of the Act. On the basis of the said statement, the competent authority, after conducting necessary enquiry prepared a draft statement under Section 8 (3) of the Act, which was sent to the landowner inviting objections, if any, in due course, the competent authority proceeded to pass an order under Section 8 (4) of the Act, confirming the draft statement 0.359 hectare of land of said Kasturi Bai at village Tejpur Gadbadi, Teh. & Distt. Indore as surplus land. No appeal was preferred against the order confirming the draft statement. An application under Section 20 of the Act filed by the landowner for grant of exemption has been rejected by the State Government vide order No.F-31-21/Seven (9), 83 dated 27.9.1983.

(3.) Thereafter, notice under Section 9 of the Act along with final statement was issued by the competent authority on 15.5.1982.