INDORE DEVELOPMENT AUTHORITY Vs. PRADEEP DESHPANDE

JUDGEMENT

(1.) The petitioner, Indore Development Authority, has filed the present petition being aggrieved by order dated 1.9.2018 passed by 2nd Civil Judge, Class-I, Indore in Civil Suit No.9-A/2015 by which the objection in respect of demarcation report has been turned down.

(2.) Respondent being the plaintiff has filed the suit for declaration and permanent injunction. According to the plaintiff, he is owner of land bearing Survey No.510/3/4/1 admeasuring 0.054 Hect. by virtue of sale-deed dated 30.3.2008. The petitioner issued NIT dated 6.6.2015 for allotment of casual shops and the land for PSP use. According to the plaintiff, the present petitioners have included his land in the said project which gave him cause of action to file the suit.

(3.) Present petitioners filed their written statement by submitting that the land bearing Survey No.509/2 admeasuring 2.289 Hect. was acquired after following due process and thereafter, requisite sanction and permissions from the statutory authorities have been obtained. The allegation of the plaintiff in respect of inclusion of his land is baseless and the suit is misconceived.