NAGAR PARISHAD THANDLA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The petitioner - Nagar Parishad is duly constituted body under the provisions of Kanoon Municipality Riyasat Jhabua on 15.5.1930 and thereafter under the provisions of M.P. Municipalities Act, 1961. The Chief Municipal Officer (CMO) appointed by the State Government has been authorised to file a petition on behalf of the petitioner - Nagar Parishad. According to the petitioner, by virtue of Section 43 of Kanoon Municipality Riyasat Jhabua, the open land within the territory of Thandla Municipality were managed by Municipal Council Thandla and the Revenue Department had no control or power to interfere in respect of management of these open lands. U/s. 85 of Kanoon Municipality Riyasat Jhabua, the boundaries of the territory of Municipal Council were demarcated by the then Revenue Officer of erstwhile State of Jhabua. After coming into force of M.P. Municipalities Act, 1961, as per Section 100, the open land situated within the municipal limits vested and came under the control of Municipal Council.

(3.) As per circular dated 28.1.1994 issued by the State Government, the open Nazul land which is vested in Municipal Corporation/Municipality shall be recorded in the ownership of the State, but the land which was within the Municipal limits of such Municipality established prior to 1.11.1956, the ownership of Municipality shall be entered in the revenue record. The petitioner vide letter dated 13.7.2004 requested the Tehsildar Thandla to record its ownership over open land situated in the Municipal limits. Vide letter dated 24.7.2004, Commissioner, Land Record and Settlement, M.P. directed all the Collectors for correction of entries, but no such correction has been taken place so far.