LAWS(MPH)-2018-3-78

GIRDHAR PATEL Vs. STATE OF MADHYA PRADESH

Decided On March 07, 2018
Girdhar Patel Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The challenge in the writ petition is to publication of Development Plan for Sagar of which notice under Section 19(4) of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short "the Act") was published in the Madhya Pradesh Government Official Gazette on 28.07.2017. The relevant notification reads as under: Bhopal the 17th July 2017 NOTICE No.F-3-34-2014-XXII- Notice under Section 19(4) of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 is hereby given that the State Government has approved the Development plan for, Sagar (Planning Area) under sub-section (1) of Section 19 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), and a copy of the said plan may be inspected at the following offices during office hours, namely:-

(2.) The said development plan shall come into operation with effect from the date of publication of this notice in Madhya Pradesh Gazettee under Section 19(5) of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. By order and in the name of the Governor of Madhya Pradesh, C.K.Sadhav, Dy. Secy.

(3.) A perusal of the writ petition show that the petitioner is owner of land comprising in Khasra No.45/6 measuring 0.472 hectare, mauza tilli mafi, patwari halka number 63 of Sagar and Khasra No.415/3, 4 rakba measuring 1.63 hectare of mauza Sagar khas patwari halka number 65 District-Sagar situated 300 meter from the lake on which the green belt is proposed in the new Master Plan 2031 by the name of Master Plan Sagar.