DEEPAK Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this petition filed under .. 226/227 of the Constitution of India, petitioners have prayed for the composite relief that respondents be restrained from collecting external development charges from the petitioner and taking possession of 15 per cent of the land for being allotted to respondent No.5. The question which have been projected in this petition have already been answered by judgment of this Court passed in W.P. No. 474 of 1989 [M/s Gautam and Co. v. State of M.P. and others] decided on 17.3.1997. This judgment clearly deals with the powers of the respondent to impose external development charges while developing a colony. Para 12 of the said judgment, relevant for the purpose of this petition, is extracted hereinbelow:

(2.) THUS , with regard to imposition of external development charges, the same has been held to be arbitrary and without authority of law, thus quashed. It is not in dispute that against this judgment of learned Single Judge of this Court respondents have preferred LPA, which is pending disposal on merit and interim order has also been passed.

(3.) AS regards delivery of possession with regard to 15% of the land for allotment to weaker sections of the society is concerned the same also stands concluded by a judgment of the Single Judge of this Court reported in 1998 (Vol.II) MPLJ 370 [Gulmohar Griha Nirman Samiti v. State of M.P.]. In the said judgment it has been held by the Single Judge that the petitioner cannot be deprived of the land to the extent of 15% without Authority of law. I have been given to understand that even this judgment is subject matter of challenge in LPA No. 378 of 1998 before the Division Bench, in which an interim order of stay has been passed. Pendency of LPA before the Division Bench, unless final order is passed, should not detain this Court from passing orders in similar matters.