GAJANAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) One LPA and these petitions involve similar questions of law and fact and are disposed off by this common judgment. Even though, writ petitioners are represented by more than one counsel, Shri M.M. Asudani took it upon himself to deputise for them all, to facilitate disposal of these petitions hanging fire since 1996 and going through bouts of litigations from here to the Apex Courts and back.

(2.) Petitioners are Bhumi Swamies of around 63 acres of land comprising survey Nos. 684/1, 684/1/3, 684/1/4, 684/1/5, 681/1/7, 684/1/8, 684/1/10, 684/2/1, 684/2/3, 684/2/4, 684/3/1, 684/3/2, 684/3/3, 684/3/4 and 684/3/5 in Patwari Halka No. 9, situate at Rangwasa, Tehsil-Indore, which is under acquisition for establishment of a "Diamond Park" euphemism for Industrial area to accommodate diamond cutting and polishing units. They are engaged in a life and death struggle to ward off the acquisition and their attack to it is multipronged ranging from technicalities of law to national Security considerations.

(3.) It all seems to have started in 1994 when State Government formulated its Industrial Policy providing special facilities/incentives to promote 100% export oriented and mineral based industrial units. A "Diamond Park" was also conceived for housing diamond cutting and polishing units. One Private Company M/s. B. Arun Kumar International responded to this and requested for allotment of 150-200 acres of land near Indore for establishing of a diamond polishing and processing unit. The Government machinery consequently swung into action to seize upon this offer. A Committee of high ranking officials was constituted to identify and select the site for proposed "Diamond Park". This Committee surveyed four sites and after weighing pros and cons found the land in Village Rangwasa suitable for it. About 118 hectares were earmarked for the purpose out of which 90 hectares or so belonged to the Government and remaining 73 hectares private land was proposed to be acquired. Accordingly, a proposal to acquire this private land was floated by Madhya Pradesh Adhyogik Kendra Vikas Nigam (hereinafter called M.P.A.K.V.N.) which was approved by the Government in Commerce and Industry Department of the Government vide communication dated 18-1-1996. The Collector took the follow-up action, sought sanction of the Revenue Commissioner and issued notification dated 30-1-1996 read with Section 17(1) of the Act for emergency acquisition of 73.04 hectares of private land for specified public purpose of establishing a "Diamond Park". This was followed by notification u/S. 6 issued by respondent No. 7 on 9-2-1996 declaring that land was required for public purpose and directing the Collector to takeover its possession within fifteen days.