INDORE ABHIBHASHAK SANGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present writ petition is filed by Indore Bar Association, an Association of Advocates practicing at District Court Indore. The challenge is to the communication dated 17. 6. 1982 Annexure P/2 and order-dated 2. 5. 1998 Annexure P/1, and have claimed 6. 8244 acres be transferred for construction of Indore District Judicial Complex.

(2.) Facts leading to the present writ petition are that District Court Complex is situated on Plot No. 517, Mahatma Gandhi Road, Indore. The building was constructed in 1905, for the purposes of High Court. The petitioner states that as of now 50 Courts are working, whereas more Courts are required to cater to the needs of 40 Lakh population of the area. The petitioner asserts that the land bearing Survey No. 282/2 measuring 2 64 acres was given to Hope Textile Limited in the year 1939 for industrial purposes. The said Mill is lying closed and that the lease and its utilization of the land have come to an end. It is further asserted that such land on the north of the District Court Complex is most suitable for the construction of the New District Court Complex. It is further asserted that on 17. 6. 1982, 60% of said land is said to have vested in the State Government, whereas vide order-dated 5. 1998, the use of the said land was declared as 'commercial'. The petitioner has been submitting representations time and again for allotment of such land for construction of District Court Complex. Thus, petitioner claims the change of user from 'industrial' to 'commercial' be modified for the purposes of use of the land for the Court. The petitioner is said to have been claiming such land for the last 30 years.

(3.) Initially, the writ petition was filed at the Indore Bench of the High Court, but subsequently it stands transferred to Principal Bench vide order-dated 10. 2. 2016.