Madhya Pradesh High Court
Baluram vs Department Of Commerce, Industry And ... on 14 February, 2022
Author: Vivek Rusia
Bench: Vivek Rusia
-: 1 :-
W.P. No. 27476/2018 (PIL)
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
[DIVISION BENCH: HON'BLE MR. JUSTICE VIVEK RUSIA
AND HON'BLE MR. JUSTICE RAJENDRA KUMAR (VERMA)]
W.P. No. 27476 OF 2018 (PIL)
(Baluram S/o. Shri Kisanlal Babri & two others. V/s. State of M.P. & others)
Date: 14.02.2022 :
Shri Rakesh Singh Bhadoriya learned counsel for the petitioners.
Shri Pushyamitra Bhargava learned Addl. Advocate General for the
respondents/State.
Shri N.S. Bhati learned counsel for respondent No.6.
With consent, heard finally the learned counsel for the parties
ORDER
Per Vivek Rusia, J :
The petitioners have filed the present petition in the nature of Public Interest Litigation challenging the order dated 15.12.2017 passed by Collector, Neemuch whereby Government land bearing Survey No.1039- area 2.25 Hect., Survey No. 1088-area 6.49 Hect. and Survey No. 1222-area 1.79 Hect. total area 10.53 Hect., out of which, area of 10 Hect. situated at (hereinafter referred to as ' the land in question') has been transferred to Commerce Industries & Employment Department for the use of industrial development.
The facts of the case, in a nutshell, are as under:-
1. The Department of Commerce, Industries and Employment vide letter dated 4.9.2017 sent a request to the collector for allotment of ' the land in question' for development of the industrial area as the same is found suitable for the industrial purpose because of its location at a distance of 5 Km. from Labad Four Lane State Highway and 2.5 Km. From Ratlam Ajmer Broad Gauge Railway Line. In fact ' the land in question' was demanded by M/s.
Shiv Om Sulz Fab Pvt. Ltd. (respondent No.6 herein) for the establishment of Denim Jeans Manufacturing Unit by investing Rs.1,000 Crores in a 3 to 5 phase manner. The company has assured to employ 1,000 persons in the manufacturing unit. After receipt of the aforesaid letter, the Collector -: 2 :- W.P. No. 27476/2018 (PIL) directed the Tehsildar, Jawad to submit the spot inspection report. A report dated 6.12.2017 was submitted to the effect that the aforesaid ' the land in question' is lying vacant on the spot and the same can be allotted for industrial purposes. It has also been observed that out of the total area of the vacant land, 2% of the land would be available for 'Charnoi' even after allotment. The local villagers have submitted an objection before the Sub Divisional Officer (SDO). The Gram Panchayat Sarvania vide resolution dated 27.11.2017 has granted consent for allotment of ' the land in question' looking to employment prospect to the local villagers. After considering all the material available on record and the recommendation of the SDO, Jawad, the Collector vide order dated 15.12.2017 has transferred the aforesaid ' the land in question' to the Department of Commerce, Industries and Employment for further allotment to respondent No.6 with 12 conditions as mentioned in the order. Two years' period was given in the order to utilize ' the land in question' for which the allotment is made. After the aforesaid order, on 21.12.2017 the possession of the land was also given to the representative of respondent No.6 in presence of revenue authorities.
2. After the aforesaid allotment, various complaints were made to the Tehsildar, SDO, Collector, Chief Minister, etc. opposing the said allotment and establishment of an industry by respondent No.6. When nothing was done, these three petitioners have filed the present petition being representatives of all local villagers and the farmers. According to the petitioners, they are being farmers by occupation, their livelihood is solely dependent on the crops, pat animals and cattle and if the aforesaid 'Charnoi' field is allotted to respondent No.6 it will be detrimental to the interest of a large number of families and their livelihood. The petitioners have not filed any document to show that they are farmers by profession. Petitioners have also not filed any document to show that they have been authorised by other villagers or the Gram Panchayat to file the present petition in Public interest. According to them, after allotment of ' the land in question' to respondent No.6, there would be no land available for 'Charnoi' purposes. According to the petitioners, the Collector has exceeded his jurisdiction and illegally -: 3 :- W.P. No. 27476/2018 (PIL) allotted the said land under the provisions of Section 273 of the M.P. Land Revenue Code (MPLRC). It is further submitted by the learned counsel for the petitioner that u/s. 273(3) of the MPLRC the land can be allotted only for public utility projects like construction of roads, State and National highways, etc. Hence, the allotment of ' the land in question'to respondent No.6 is illegal and is liable to be set aside.
3. Vide order dated 1.12.2018 while issuing notice to the respondents this Court has stayed the operation of the order dated 15.12.2017 till the next date of hearing. Because of the aforesaid stay, the project for which ' the land in question' was allotted the project has not been started so far, which has resulted in the delay of the project, cost escalation, deprivation of employment, loss of revenue to the State etc., hence the respondents have filed the reply as well as apt for the vacation of the stay.
4. Respondent No.2 has filed the return by submitting that the name of MPAKVN, Ujjain has been changed to M.P. Industrial Development Corporation. Vide order dated 18.8.2017, a request came from respondent No.6 for allotment of ' the land in question', hence vide letter dated 4.9.2017, the Principal Secretary, Commerce, Industries and Employment Department directed the Collector, Neemuch to take necessary steps. Vide impugned order dated 15.12.2017 the land in question has been transferred to the Commerce, Industries and Employment Department. On 21.12.2017 the possession of land has been handed over to respondent No.6. On 27.3.2018 a lease-deed has also been executed by respondent No.2 in favour of respondent No.6 for a period of 30 years. Thereafter, the possession of land in question has been handed over by respondent No.2 in favour of respondent No.6. It is further submitted that Section 237(3) of MPLRC has been amended w.e.f. 30.12.2011 whereby the Collector after securing the land mentioned Clause (b) of sub-section (1) to minimum two per cent of the total agriculture land of that village, may divert such unoccupied land as mentioned in sub-section (1) into abadi or for construction of roads, state highways, national highways, and any other public utility project as may be determined by the State Government. After the aforesaid amendment, any -: 4 :- W.P. No. 27476/2018 (PIL) Government vacant land can be diverted for the other utility projects. It is further submitted that the Division Bench of this Court in the case of Gangaram V/s. State of M.P. : 2016(1) MPLJ 386 has examined the provisions of Section 237(3) of the MPLRC and held that the setting up of industries can be considered as a public utility project and directed collector to examine and pass a fresh order of allotment. Hence, the writ petition is liable to be dismissed.
Respondent No.3 has adopted the return filed by respondent No.2.
5. After the query raised by this court respondent No.3 has filed an additional affidavit to the effect that as per provisions of Section 237(3), 2% of the village land is to be protected for grazing use and the rest can be allotted for the purpose as specified in the Section. It is further submitted that a total area of 85.880 Hect. was available in the said village and after allotment of land admeasuring 12.070 Hect. for establishing an industry by respondent No.6, much more than 2% of the land is left vacant in the village for Charnoi purposes. Therefore, there is no violation of any statutory provision of MPLRC in the allotment of ' the land in question to respondents No.2 and 6.
6. Respondent No.6 has also filed the reply in support of the allotment of ' the land in question' as it will result in the setting up of an industry for the overall development of the area. The State Government is planning to ensure that 70% employment would be given to the local people. Thus, the allotment of land to respondent No.6 will give benefit to the local persons and it may be termed as a public utility project. It is further submitted that the establishment of such a large industry by answering respondent, will result in the overall development of the State as well as support the economy , hence prayed for dismissal of the writ petition.
7. We have heard the learned counsel for the parties, examined the provisions of Section 237(3) of MPLRC and also perused the judgment passed by this Court in the case of Gangaram (supra).
8. The issue raised in this petition is no more res integra. The Division Bench of this Court has already held that whether the land could be allotted -: 5 :- W.P. No. 27476/2018 (PIL) for other purpose has now been specified by substituted provisions including public utility project and whether setting up of industries can be said to be one such permissible user as per the said provision, are left open to be considered by the Collector while dealing with the proposal afresh. The word "public utility" has not been defined in MPLRC. It is for the State Government to consider allotment of land through Collector for public utility purposes. In fact "Public utility" is defined in Industrial Disputes Act,1947. As per the definition of "public utility service" given in Section 2(n)(ii) of the Act, any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends. First Schedule provides the list of industries that may be declared as public utility services under sub-clause (vi) of clause (n) of Section 2 and cotton textiles is at Sr. No.5.
9. Even otherwise, the establishment of an industry of investment of thousand crores, the Government going to earn the revenue and in turn, same shall be utilized by the Government for providing public utility services like construction of roads, highways, hospitals, schools, etc. The income of the Government is only by way of tax and the tax can also be collected by way of allotment of land for the establishment of the industries. The unemployment of educated youth is a major problem in this country as well as in the State of Madhya Pradesh, establishment of an industry not only generate employment but give the opportunity to grow small ancillary units etc. , hence it serves the public utility.
10. The Government has also the authority to establish an industrial area through the Industrial Development Corporation for the purposes of establishment of industries. The only rider is that the entire land cannot be used for the said purpose, 2% land should be left for 'Charnoi' purpose and as per affidavit filed by respondent No.3, much more than 2% land is available in the village for 'Charnoi' purpose. Hence, this PIL is absolutely misconceived and filed against the public interest. These three petitioners with their vested interest have filed the present petition as they do not have any support from the local people. No authorisation has been filed by them.
-: 6 :-W.P. No. 27476/2018 (PIL) Because of filing this petition by them, the project has been delayed by more than three years. Hence, in exercise of powers conferred under Article 226 of the Constitution of India, we hereby extend the period of two years fixed in the impugned order by a further period of two years.
With the aforesaid, this petition is dismissed with costs of Rs.25,000/- payable to respondent No.6 .
[ VIVEK RUSIA ] [RAJENDRA KUMAR (VERMA)]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.02.22 17:28:17 +05'30'