SHYAM Vs. LAND ACQUISITION PFFICER

JUDGEMENT

(1.) THIS order shall dispose of two writ petitions being W. P. No. 1066/2002 and W. P. No. 1928/2002, as in both writ petitions a common challenge has been made to the acquisition of the land of the writ petitioners and similar arguments have been raised by their learned counsel. For the sake of convenience, the facts are borrowed from W. P. No. 1066/2002.

(2.) INDORE Development Authority (IDA) had passed a resolution on May 14, 1999, proposing to frame a Scheme No. 135, comprising of a total area of 28. 3 hectares in village Tejpur Gadbadi, Tehsil and District Indore. After the said declaration of its intention to prepare the scheme, the said declaration was published in the Government Gazette on June 18, 1993, in terms of section 50 (2)of the Madhya Psadesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as Adhiniyam ). Thereafter in terms of section 50 (3) of the Adhiniyam, the draft scheme was prepared on May 19, 1995, which was duly published in the government Gazette on May 26, 1995, inviting the objections/suggestions from any person with respect to the said draft development scheme.

(3.) THE aforesaid invitation for objections/suggestions by IDA led to a large number of objections being filed by various persons, including the landowners (present petitioners also), whereby objections were raised against the inclusion of their land in the said scheme by such landowners. The objections filed by various landowners were duly considered by the competent authority and vide an order dated February 22, 2001, the said objections were rejected. The aforesaid order dated February 22, 2001 passed under section 50 (4) of the Adhiniyam is available on record as Annexure R-4/6 filed with the reply of respondent No. 4. After the rejection of objections vide order Annexure R-4/6 and grant of requisite approval, the final scheme, being Scheme No. 135, was published in the government Gazette under section 50 (7) of the Adhiniyam on June 15, 2001.