SHREE RAM BUILDERS Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has filed the present petition against the the inaction on the part of the respondent in not issuing the NOC to the petitioner for private development despite the issuance of order by the State Government under Section 52- 72 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973.

(2.) Facts in nutshell are that the petitioner is a partnership Firm having its Office at 451, Apollo Tower, 2-M.G. Road, Indore. The partners of the petitioner Firm are citizens of India entitled to the fundamental and constitutional rights guaranteed by the Constitution of India. The petitioner is the owner and recorded Bhumiswami and is in actual physical possession of Survey Nos.83/2, 84/2, 66/2, 73/4/2, 74 and 75/3, total area 3.194 hectare of Village-Khajrana, Tehsil and District-Indore. The said land was included by the respondent in its Scheme No.132. Thereafter, a notification has been issued by the State Government under Section 4 of the Land Acquisition Act, 1984 on 18/08/2006 for acquiring various lands including the land of the petitioner for Scheme No.132. The validity of the notification issued in respect of Scheme No.132 and for acquisition of the land for the aforesaid Scheme was challenged by the petitioner before this Court in W.P. No.14605/2006. The said writ petition was allowed vide judgment dated 14/08/2007 by Single Judge at Principal Seat, Jabalpur whereby the Scheme No.132 and the gazette notification for acquisition of the land for the Scheme were quashed. The judgment dated 14/08/2007 passed by Single Bench was challenged by the respondent in W.A. No.1455/2007, which was decided by the Special Bench vide judgment dated 24/04/2009 whereby the judgment passed by the Single Bench was confirmed, however, a liberty to the respondent to float a fresh Scheme within a period of three months and the orders passed by the State Government granting development permission to the petitioner was ordered to be kept in abeyance for a period of three months. The petitioner has challenged the order by filing SLP before Hon'ble Apex Court, which was dismissed as rendered infructuous vide order dated 07/08/2009 in S.L.P. No.14600/2009. The Indore Development Authority has filed SLP No.17035/2009 against the order passed by this Court, which was dismissed as rendered infructuous vide order dated 22/01/2013, on account of a new Scheme (Scheme No.171) having been notified by the Indore Development Authority.

(3.) Thereafter, the land in question was again sought to be included in the new Scheme No.171 by the respondent in its notification issued under Section 50 (2) of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (which shall be referred hereinafter as "Adhiniyam") dated 19/06/2009 and the final notification issued under Section 50 (7) of the Adhiniyam. Thereafter petitioner was granted development permission in respect of the land in question by the Town and Country Planning Department on 07/07/2006 and the same has been revived from time to time and it is still in force by virtue of the order dated 04/07/2015 issued by the State Government.