KUNDA Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Whether parcels of land in each writ petition though declared to be in the Town Development Scheme No. 175 since 2012, but neither acquired by agreement nor by compulsory acquisition through State Government within three years from the date of publication of final scheme can be continued to be part of the scheme?

(2.) Whether on facts and in the circumstances of the case, writ of mandamus may be issued to the State Government for either release of lands of petitioners or for revocation of the Town Development Scheme as contemplated u/S 52(1)(c) of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973?

(3.) The aforesaid questions arise in the backdrop of facts that despite publication of the scheme in the year 2012, now at a distance of time of more than seven years, no steps, whatsoever have been taken for acquisition and implementation. The fate of land and land owners are kept in limbo, prima- facie for no justifiable reasons. Shri Jain, learned Sr. counsel seeks parity of treatment on the premise that this Court under similar facts and circumstances has already passed orders for release of land and directed the State Government to passed necessary orders for release of land.