Madhya Pradesh High Court
Mohd. Rizwan Khan vs The State Of Madhya Pradesh on 24 August, 2023
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 24 th OF AUGUST, 2023
WRIT PETITION No. 22036 of 2015
BETWEEN:-
SMT. GHAZALA TOFEEQ W/O SHRI TOFEEQ MOBARAQ,
AGED ABOUT 55 YEARS, R/O A/9 HOUSING BOARD
COLONY KOHEFIZA BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NAMAN NAGRATH - SENIOR ADVOCATE WITH SHRI AAKASH
LALWANI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THE
PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT MANTRALAYA, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. JOINT DIRECTOR NAGAR TATHA GRAM NIVESH
PARYAVARAN PARISAR E-5 ARERA COLONY
BHOPAL (MADHYA PRADESH)
3. COMMISSIONER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
PARYAWAS BHAWAN, ARERA HILLS BHOPAL
(MADHYA PRADESH)
4. ESTATE OFFICER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE BOARD PRAKSHETRA E-5
BITTAN MARKET ARERA COLONY BHOPAL
(MADHYA PRADESH)
5. MUNICIPAL CORPORATION BHOPAL THROUGH
ITS COMMISSIONER MUNICIPAL CORPORATION
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(NO.1 AND 2 BY SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE AND
NO.3 AND 4 BY SHRI KAPIL DUGGAL - ADVOCATE)
Signature Not Verified
Signed by: SUDESH KUMAR
SHUKLA
Signing time: 8/25/2023
6:02:14 PM
2
WRIT PETITION No. 22037 of 2015
BETWEEN:-
MOHD. RIZWAN KHAN S/O SHRI MOHD. RAEES KHAN,
AGED ABOUT 50 YEARS, R/O A/3, HOUSING BOARD
COLONY KOHEFIZA BHOPAL(MADHYA PRADESH)
.....PETITIONER
(BY SHRI NAMAN NAGRATH - SENIOR ADVOCATE WITH SHRI AAKASH
LALWANI - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THE
PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT MANTRALAYA, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. JOINT DIRECTOR NAGAR TATHA GRAM NIVESH
PARYAVARAN PARISAR E-5 ARERA COLONY
BHOPAL (MADHYA PRADESH)
3. COMMISSIONER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
PARYAWAS BHAWAN, ARERA HILLS (MADHYA
PRADESH)
4. ESTATE OFFICER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
PRAKSHETRA E-5 BITTAN MARKET ARERA
COLONY (MADHYA PRADESH)
5. MUNICIPAL CORPORATION BHOPAL THROUGH
ITS COMMISSIONER, MUNICIPAL CORPORATION
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(NO.1 AND 2 BY SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE AND
NO.3 AND 4 BY SHRI KAPIL DUGGAL - ADVOCATE )
WRIT PETITION No. 22039 of 2015
BETWEEN:-
SARABAR JAHAN W/O MOHD JAWED, AGED ABOUT 50
YEARS, R/O A/12 HOUSING BOARD COLONY KOHEFIZA
BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: SUDESH KUMAR
SHUKLA
Signing time: 8/25/2023
6:02:14 PM
3
.....PETITIONER
(BY SHRI NAMAN NAGRATH - SENIOR ADVOCATE WITH SHRI AAKASH
LALWANI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THE
PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT MANTRALAYA, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. JOINT DIRECTOR NAGAR TATHA GRAM NIVESH
PARYAVARAN PARISAR E-5, ARERA COLONY,
BHOPAL (MADHYA PRADESH)
3. COMMISSIONER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE BOARD ARERA HILLS,
BHOPAL (MADHYA PRADESH)
4. ESTATE OFFICER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE BOARD PRAKSHETRA E-5
BITTAN MARKET ARERA COLONY, BHOPAL
(MADHYA PRADESH)
5. MUNICIPAL CORPORATION THROUGH ITS
COM M IS S ION ER MUNICIPAL CORPORATION
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(NO.1 AND 2 BY SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE AND
NO.3 AND 4 BY SHRI KAPIL DUGGAL - ADVOCATE)
WRIT PETITION No. 22041 of 2015
BETWEEN:-
PAWAN NAGPAL S/O LATE SHRI JAWAHARLAL
NAGPAL, AGED ABOUT 55 YEARS, R/O A/4, HOUSING
BOARD COLONY KOHEFIZA BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI NAMAN NAGRATH - SENIOR ADVOCATE WITH SHRI AAKASH
LALWANI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THE
Signature Not Verified
Signed by: SUDESH KUMAR
SHUKLA
Signing time: 8/25/2023
6:02:14 PM
4
PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT MANTRALAYA, VALLABH
BHAWAN (MADHYA PRADESH)
2. JOINT DIRECTOR NAGAR TATHA GRAM NIVESH
PARYAVARAN PARISAR ARERA HILLS BHOPAL
(MADHYA PRADESH)
3. COMMISSIONER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
ARERA HILLS BHOPAL (MADHYA PRADESH)
4. ESTATE OFFICER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
E-5 BITTAN MARKET ARERA COLONY BHOPAL
(MADHYA PRADESH)
5. MUNICIPAL CORPORATION BHOPAL THROUGH
ITS COMMISSIONER MUNICIPAL CORPORATION
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(NO.1 AND 2 BY SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE AND
NO.3 AND 4 BY SHRI KAPIL DUGGAL - ADVOCATE)
WRIT PETITION No. 22045 of 2015
BETWEEN:-
PAWAN KUMAR JAIN S/O SHRI SUMER CHAND JAIN,
AGED ABOUT 52 YEARS, R/O A/11, HOUSING BOARD
COLONY KOHEFIZA BHOPAL(MADHYA PRADESH)
.....PETITIONER
(BY SHRI NAMAN NAGRATH - SENIOR ADVOCATE WITH SHRI AAKASH
LALWANI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THE
PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT MANTRALAYA, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. JOINT DIRECTOR NAGAR TATHA GRAM NIVESH
PARYAVARAN PARISAR E-5 ARERA COLONY
BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: SUDESH KUMAR
SHUKLA
Signing time: 8/25/2023
6:02:14 PM
5
3. COMMISSIONER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
ARERA HILLS BHOPAL (MADHYA PRADESH)
4. ESTATE OFFICER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
E-5 BITTAN MARKET ARERA COLONY BHOPAL
(MADHYA PRADESH)
5. MUNICIPAL CORPORATION THROUGH ITS
COMMISSIONER MUNICIPAL CORPORATION
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(NO.1 AND 2 BY SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE AND
NO.3 AND 4 BY SHRI KAPIL DUGGAL - ADVOCATE)
WRIT PETITION No. 8446 of 2016
BETWEEN:-
SHRINARAYAN AGRAWAL S/O SHRI GOVARDHAN DAS
AGRAWAL, AGED ABOUT 66 YEARS, R/O A/8 HOUSING
BOARD COLONY KOHEFIZA BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI NAMAN NAGRATH - SENIOR ADVOCATE WITH SHRI AAKASH
LALWANI - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY URBAN ADMINISTRATION AND
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. JOINT DIRECTOR NAGAR TATHA GRAM NIVESH
PARYAVARAN PARISAR E-5, ARERA COLONY,
BHOPAL (MADHYA PRADESH)
3. COMMISSIONER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
PARYAWAS BHAWAN, ARERA HILLS BHOPAL
(MADHYA PRADESH)
4. ESTATE OFFICER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
PRAKSHETRA E-5, BITTAN MARKET, BHOPAL
(MADHYA PRADESH)
Signature Not Verified
Signed by: SUDESH KUMAR
SHUKLA
Signing time: 8/25/2023
6:02:14 PM
6
5. MUNICIPAL CORPORATION, THROUGH ITS
COMMISSIONER MUNICIPAL CORPORATION
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(NO.1 AND 2 BY SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE AND
NO.3 AND 4 BY SHRI KAPIL DUGGAL - ADVOCATE)
WRIT PETITION No. 18007 of 2016
BETWEEN:-
ASIF HASAN ANSARI S/O LATE SYED HASAN, AGED
ABOUT 66 YEARS, R/O A/2 HOUSINGH BOARD COLONY,
KOHEFIZA, BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NAMAN NAGRATH - SENIOR ADVOCATE WITH SHRI AAKASH
LALWANI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEV. DEPT.
MANTRALAYA VALLABH BHAWAN (MADHYA
PRADESH)
2. JOINT DIRECTOR NAGAR TATHA GRAM NIVESH
PARYAVARAN PARISAR E-5 ARERA COLONY
BHOPAL (MADHYA PRADESH)
3. COMMISSIONER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
PARYAWAS BHAWAN ARERA HILLS (MADHYA
PRADESH)
4. ESTATE OFFICER MADHYA PRADESH HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD
E-5 BITTAN MARKET ARERA COLONY BHOPAL
(MADHYA PRADESH)
5. MUNICIPAL CORPORATION THROUGH ITS
COMMISSIONER, MUNICIPAL CORPORATION
BHOPAL MADHYA PRADESH)
.....RESPONDENTS
(NO.1 AND 2 BY SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE AND
NO.3 AND 4 BY SHRI KAPIL DUGGAL - ADVOCATE)
Signature Not Verified
Signed by: SUDESH KUMAR
SHUKLA
Signing time: 8/25/2023
6:02:14 PM
7
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
Indeed, the instant petitions are languishing to see its fate since 2015. The pleadings are complete and the learned counsel for the parties concurred to finally argue the matters. Accordingly, they are finally heard.
Essentially, by these writ petitions filed under Article 226 of the Constitution of India, the petitioners are seeking a direction for respondents No.3 and 4 to grant permission for commercial use of the land which were leased out to the petitioners by respondents No.3 and 4. Furthermore, the petitioners are asking for quashing of show cause notice dated 26.08.2015 issued to them mentioning therein that since the plots allotted to the petitioners for residential purpose, were being used for commercial purpose. Such act of converting the use of land is found to be in is violation of Clause 16 of the lease, therefore, the petitioners were asked to file reply to the notice till 14.09.2015 as to why the allotment made in their favour shall not be cancelled and possession of the land shall not be taken back. Of a note, on 06.01.2016 this Court while entertaining the petitions, issued notices and also granted interim protection that no coercive action shall be taken in pursuance to show cause notice dated 26.08.2015 (Annexure-P/15).
Juxtaposing the submissions urged by the learned counsel for the parties with the documents available on record, the factual position drifted to the surface is that the land in question is surrounded by the lands which are being used for commercial purpose. Further, in the master plan, the area is shown as commercial area. Albeit, the lease was granted in the year 2000 for residential purpose, but later-on it was realized that for overall betterment the land can be Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 8/25/2023 6:02:14 PM 8 utilized for commercial purpose instead of residential purpose. In fact, respondents No.3 and 4 made umpteen communications to respondent No.1 asking approval for converting the land in question from residential to commercial use. The communications are available on record and were being made since 05.08.1999 by respondents No.3 and 4. Not only this, but in the Board of Meeting of respondent No.3 and 4 convened on 23.10.1999 it was resolved that if the land use is changed from residential to commercial, it would definitely be lucrative to the beneficiaries inasmuch as difference amount of lease can be charged from the lease-holders and lease rent can also be ameliorated and therefore it was communicated to respondent No.1 for granting approval at the earliest so as to get the use of land changed so that not only the lease-holders but respondents No.3 and 4 also would fetch the optimum benefit. Of a further note, the Director, Town & Country Planning has also written a letter to respondent No.1 for converting the land use of land in question and also referred the request made by respondents No.3 and 4 in that regard.
The record also depicts that one of the plots bearing No.A-1(2) held by one Siddharth Gupta was granted permission to use the land for commercial purpose and that permission was accorded by Joint Director, Town & Country Planning, Bhopal vide letter dated 24.05.2003 and as said Siddharth Gupta has been using the land for commercial purpose. It has also been brought to the notice of this Court that total area leased out to the lease-holders now is reduced because of widening of road and due to development activities some of the area is used by various departments and as such the remaining land is otherwise not befitting for residential purpose.
Signature Not VerifiedOver and above, a letter is also available on record dated 03.10.2002 Signed by: SUDESH KUMAR SHUKLA Signing time: 8/25/2023 6:02:14 PM 9 written by the Commissioner cum Director, Town & Country Planning addressed to respondent No.1 apprising that initially the land was allotted for residential purpose but now because of widening of road, it is impractical to construct residential houses over there, as such the land use of land may be changed.
It is also gathered that although there was relentless correspondence made by the department and also by respondents No.3 and 4 asking approval from respondent No.1, but in the absence of approval, respondents No.3 and 4 had to issue the show cause notice as there was a violation of condition of the lease-deed. However, their intention was to convert the land use of the land in question for overall betterment.
Looking to the existing situation and the fact that the petitioners are carrying out commercial activities in compelling circumstances, I am disposing of these petitions directing respondent No.1 to take appropriate decision on the proposal made by respondents No.3 and 4 and also other departments for converting the land use of the land in question and grant approval that the land in question can be used for commercial purpose. Obviously, such decision of conversion of land use would not only be lucrative for the beneficiaries but would also be in the interest of State and respondents No.3 & 4. Therefore, respondent No.1 is directed to take appropriate decision in the matter within a period of 90 days from the date of receipt of copy of this order. Needless to say that after the approval for transmuting the use of land from residential to commercial, respondents No.3 and 4 shall charge premium and other fees as per prescribed rate or change the lease rent as the need be.
In view of the direction, the show cause notice dated 26.08.2015 is Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 8/25/2023 6:02:14 PM 10 hereby quashed.
Petitions are disposed of with the aforesaid direction.
(SANJAY DWIVEDI) JUDGE Sudesh Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 8/25/2023 6:02:14 PM