KARAMCHARI RAJYA BEEMA NIGAM Vs. NAGAR PALIKA NIGAM

JUDGEMENT

(1.) The challenge in the present petition is to a notice dated 07.12.2017 whereby land admeasuring 45.00 mtr. x 5.30 mtr. which is within the boundary of the petitioner was said to be required for construction of service road as per Dewas Master Plan, 2011.

(2.) Learned counsel for the petitioner contends that various notices for different dimensions of land required for the purposes of service road have been issued by the respondent/Municipal Corporation. In the notice dated 03.11.2017 (Annexure P/6) land admeasuring 36.50 x 5.30 meter was said to be required for service road whereas now the land requirement has been increased to 45.00 mtr. x 5.30 mtr. It is contended that land of the petitioners cannot be used for a public purpose without payment of compensation.

(3.) On the other hand, learned counsel for the respondent has relied upon a judgment of the Supreme Court reported in (2017) 1 SCC 667 in the case of Ravindra Ramchandra Waghmare vs. Indore Municipal Corporation and others to contend that the Municipal Corporation is competent to use the land for the purposes of roads in terms of the M.P Municipal Corporation Act, 1956 without payment of compensation. In the aforesaid case, the Supreme Court was seized of the question in respect of land required for widening of road for Bus Rapid Transit System Corridor (BRTS Corridor). The relevant extract from the Judgment reads as under:-