Authority: High Court of Madhya Pradesh at Indore
Order Date: 19 December 2023
Case Overview
- Petition: Writ Petition No. 7871 of 2013 filed by Chief Executive Officer Pradhikaran 7 Race (Madhya Pradesh) Indore (petitioner) against Director, State of M.P. Govt. Town and Country Planning Dept., Bhopal and respondent Pushpabai (aged ~80) concerning land in Survey No. 36/1, village Kumerdi, Tehsil Sanwer, District Indore.
- Land: 1.356 hectare, originally under Scheme No. 169‑A.
- Background: Director of Town and Country Planning issued order dated 30 August 2011 (Revision No. 03/2011) releasing the land from the scheme on the basis of a layout sanction dated 26 September 2005 in favour of respondent No. 2.
- Dispute: Conflict between Director and Indore Development Authority (IDA) led petitioner to seek representation before the Principal Secretary, Department of Housing and Environment under Section 52 of MP Nagar Tatha Gram Nivesh Adhiniyam, 1973. The representation remained pending, prompting filing of Writ Petition No. 18970/2020, disposed on 17 December 2020 directing respondents to decide petitioner’s application dated 10 November 2020 within three months.
- State Government Intervention: Principal Secretary issued order dated 1 September 2023 clarifying that the land should be released from the scheme and directed IDA to reconsider the pending writ petition.
- Interim Applications: Petitioner filed IA No. 7329/2023 for early hearing and IA No. 8798/2023 for disposal of the writ petition, attaching the State Government order as Annexure EI2.
Final Outcome
- The Court held the State Government order of 1 September 2023 binding on the petitioner (IDA) and affirmed the Director’s 30 August 2011 order.
- The writ petition is dismissed; the petitioner is directed to release the 1.356 hectare land belonging to respondent No. 2 and declare it free from all encumbrances of Scheme No. 169‑A.
- The petition is disposed of, and the matter is closed.
Topics: Land Release; Urban Planning; Court Order