RAJESH LALWANI Vs. STATE OF M P

JUDGEMENT

(1.) Indore Development Authority, Indore (hereinafter referred to as IDA), respondent No. 2, is a "Town and Country Development Authority" within the meaning of Section 38 of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as Act). IDA proposed a town development scheme and in terms of Section 50 of the Act, passed a resolution No. 71 on May 14, 1993, resolving to declare its intention to prepare a scheme No. 133 in the city of Indore. The aforesaid scheme was to comprise of 285.509 hectares of land situated in village Pipliya Kumar, Tehsil Indore. A gazette notification declaring the intention of IDA with regard to the aforesaid scheme was published by IDA under Section 50(2) of the Act on June 18, 1993. It further appears from the record that in terms of Section 50(3) of the Act, a draft of the aforesaid town development scheme No. 133 was published on May 12, 1995 in the official gazette, whereby objections were also invited with regard to the said draft development scheme. Various objections were filed by the persons/land owners, who were affected by the aforesaid draft development scheme. The aforesaid objections were duly considered by IDA and it appears that after consideration of the objections, as required under law, the proposal was forwarded to the State Government for grant of necessary approval, as required under Section 50(4) of the Act. However, through a communication dated November 1, 2002, bearing No. F-3-116/2002/Battis, addressed to IDA, the State Government declined to grant the requisite approval, by observing that the proposal for the aforesaid scheme No. 133 was contrary to the earlier decisions taken by the State Government dated March 30, 1992 and November 18, 1999. A copy of the communication dated November 1, 2002, issued by the State Government to IDA, has been appended as Annexure P-3 with the present petition.

(2.) On receipt of the aforesaid decision from the State Government, the matter with regard to scheme No. 133 was taken up for consideration by IDA in a Board meeting held on March 6, 2003. It was decided to drop scheme No. 133 and not to implement the same. It was also noticed that out of the total land measuring 285.509 hectares, for which scheme No. 133 had been proposed, as at the spot, only 67 hectares of the land was available being vacant, and even the aforesaid land was not available in one contiguous block. It was further noticed that on 97 hectares of the land, some partially developed colonies had already come up into existence. A copy of the aforesaid resolution was forwarded to the State Government through a communication dated March 26, 2003. The aforesaid resolution, along with the forwarding letter, are appended as Annexures P-6 and P-7 with the present petition.

(3.) It is also on record that the area comprising of the proposed scheme No. 133 was surveyed by IDA and keeping in view the partial development of a large number of colonies on the aforesaid land, through a resolution No. 341 passed on August 29, 2003, a decision was taken to construct a 100 ft. wide road by the various societies/institutions, who had developed the colonies. The estimated cost of the said 100 ft. wide road was determined as Rs. 218 lacs and the aforesaid societies were required to make the necessary deposit with IDA. The matter was even referred by IDA to the State Government for obtaining the requisite approval. On receipt of the aforesaid proposal by IDA, the State Government addressed a communication dated September 11, 2003 to the IDA that keeping in view the decision taken by the IDA on August 29, 2003, through the resolution No. 341, that scheme No. 133 had been dropped being not economically viable, no further sanction/approval of the State Government was necessary. The aforesaid communication issued by the State Government has been appended as Annexure P-9 with the present petition.