SADASHIV JOSHI Vs. STATE OF M P

JUDGEMENT

(1.) The present writ petition presents a classic illustration of a persistent effort made by the petitioner, Sadashiv Joshi, to repeatedly approach this Court by filing one writ petition after another and in process, misusing the process of this Court in invoking its extraordinary writ jurisdiction under Article 226 of the Constitution of India.

(2.) The relevant facts be noticed as follows: The petitioner was the owner of land measuring 16.276 hectares in village Khajrana, Tehsil and District Indore. A town improvement scheme under the then Town Improvement Trust Act, 1960 was floated, known as Scheme No. 53, for the city of Indore. On enactment of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as Act), the provisions of erstwhile Town Improvement Trust Act, 1960 stood repealed and the then Indore Improvement Trust was dissolved and Indore Development Authority under the Act was constituted. The aforesaid Scheme No. 53 was adopted and taken for implementation by Indore Development Authority (IDA). The aforesaid land of the petitioner measuring 16.276 hectares was included in the said scheme and was sought to be acquired for the purposes of execution of the scheme.

(3.) The petitioner, Sadashiv Joshi, along with many other land owners, whose land were also included, approached this Court through various writ petitions. A challenge was made to the scheme as well as to the consequential acquisition of their lands. The writ petition filed by the petitioner, Sadavshiv Joshi, was numbered as MP No. 244/1987 and was filed by him on February 19, 1987.