INDORE DEVLOPMENT AUTHORITY Vs. RAJESH LALWANI

JUDGEMENT

(1.) This intra Court appeal is against the Order dated 7th August, 2008 passed by the learned Single Judge in W.P. No. 2050 of 2008. By the impugned order, writ petition filed by Rajesh Lalwani (respondent No. 1 herein) was allowed against the Indore Development Authority and it was directed to issue "No Objection Certificate" not only to Rajesh Lalwani but to any one who applies for grant of such "NOC.

(2.) During the course of argument, learned counsel for IDA reiterated contentions urged before the learned Single Judge. In addition two more questions have been raised for our consideration in this appeal, viz. whether Scheme No. 133 framed by the appellant under the provisions of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as the "ACT" for short) stood revived notwithstanding the fact that earlier IDA had given up the said Scheme as being unworkable and economically unviable in view of the refusal of the State Government to accord approval to the Draft Scheme? And whether learned Single Judge was justified in issuing a blanket order for issuance of NOC to one and all?

(3.) Facts which are relevant and necessary for disposal of the appeal are as under.