Madhya Pradesh High Court
Pandit Ramgopal Sharma vs Commissioner Indore Nagar Palik Nigam on 11 October, 2017
Author: P.K. Jaiswal
Bench: Virender Singh, P.K. Jaiswal
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
D. B.: Hon'ble Mr Justice P.K. Jaiswal
Hon'ble Mr Justice Virender Singh
W.P. No.6632/2015(PIL)
Pandit Ramgopal Sharma
Vs.
Commissioner Indore, Nagar Pal & Ors.
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Shri Lokendra Joshi, learned counsel for the petitioner.
Shri Aniket A. Naik, learned counsel for the respondent
No.1 & 3.
Shri Manoj Dwivedi, learned Additional Advocate
General, for the respondent Nos.2 & 4/State.
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ORDER
(Passed on this 11th day of October, 2017) Per P.K. Jaiswal, J.
The present writ petition has been filed by the petitioner in the nature of Public Interest Litigation, seeking the relief that the land use of schools, hospitals, playgrounds, gardens, etc. as mentioned and dedicated in the Master Plan be maintained by the respondents. Further, it has also been sought as relief that the earmarked lakes, rivers, drainages, rainy drainages, etc. as mentioned in the planning area be also maintained. Lastly, a relief of action against the erring officers of the respondents has been sought.
2. The stand of the respondent No.1 Indore Municipal Corporation that the State Government has incorporated an amendment on 21.04.1997 in Section 292 of Municipal Corporation Act, 1956 ( in short 'the Act') by inserting Sections 292-A to 292-E and so also, M.P. Nagar Palika (Registration of Coloniser, Terms and Conditions) Rules, 1998 (hereinafter referred as '1998 Rules') have been framed. Every action of the respondent No.1 - Municipal Corporation, Indore in respect of regularization of an illegal colony and actions against the colonizers have to be in consonance with aforesaid provisions and the 1998 Rules. The exercise of regularisation of unauthorised colonies is governed by the Rule 15-A of 1998 Rules.
3. The Municipal Corporation has prepared an exhaustive list of illegal / unauthorized colonies existing within the municipal limits of Indore. There are total 434 numbers of illegal colonies found existing within the municipal limits of the respondent No.1. However, with the inclusion of 29 villages within the municipal limits of the respondent No.1, 73 illegal colonies have been added to the number of illegal colonies(in total 507).
4. As per Chart (Annexure R-1/3), F.I.R. has been registered against illegal colonization. There are total 127 applications pending with the Indore Municipal Corporation preferred by the illegal colonies for their regularization. After receiving such applications, the respondent No.1 in compliance of Rule 15-A of the 1998 Rules proceed further and coordinate with the concerned department of the State Government for procuring the No Objections in order to regularize the applicant unauthorized colony. As per Annexure R-1/5, 25 colonies have been regularised by the Indore Municipal Corporation. Regularization of 127 colonies are under process.
5. On 17/08/2016, detailed return has been filed on behalf of respondent No.3.
6. The stand of Indore Development Authority that Section 37 of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 confers power upon the Director of Town and Country Planning to remove the unauthorized development. The roads constructed in the name of MR-Major roads or Re- Ring Road Eastern are constructed by the respondent No.1. However, Eastern Ring Road has already been completed, the traffic has been commissioned on the same road. So also, RW-Ring Road Western has also been completed almost 50%.
7. As per reply, the Indore Development Authority(IDA), has no accountable for any encroachment or illegal colonization upon the roads which are not owned by it through acquisition.
8. On 14/10/2016, the respondent Nos.2 and 4 filed their reply.
9. The stand of the State Government that it is the primary duty of the respondent No.1 to check out any illegal colonization and to take appropriate action against those who are responsible for illegal colonization.
10. On 3/02/2017, additional reply on behalf fo respondent No.1 - Indore Municipal Corporation has been filed. For raising of construction over the public roads, the State Government has legislated an enactment in the name of Madhya Pradesh Sarvajanik Sthan(Dharmik Bhawan Avam Gatividhiyon Ka Viniyaman)) Adhiniyam, 2001 to deal with the alleged grievance. So also, it is important to mention that being religious places and having attached sentiments of public at large, the respondent No.1 always remains very cautious while pursuing any action in respect of removal / rehabilitation of such places due to involvement of common interest of public. That being so, no overnight action can be taken by the respondent.
11. On 29/06/2017, one more additional reply has been filed by the Municipal Corporation, Indore.
12. It is submitted that recently, in exercise of the powers conferred by Section 433 read with Sections 292-A, 292-B and 292-E of the Madhya Pradesh Municipal Corporation Act, 1956, the State Government has brought an amendment in the Madhya Pradesh Nagarpalika ( Registration of Colonizers, terms and conditions) Rules, 1998, which has been published in Gazette of Madhya Pradesh on 19/05/2017.
13. By the aforesaid amendment, in the Rules of 1998, sub-rule (1) of Rule 15-A has been substituted whereby now the cut-off date to consider the process of regularization of illegal colonies has been extended upto 31st December 2016. By the said amendment, rates of development cost has been enhanced. Sub-Rule (1) of Clause 6 reads as under :-
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103/2 0.352 pjuksbZ dk- x.ks'k uxj dkWyksuh fd clkgV dk-
¼'kkldh;½ 12 fiiY;kjko 01/01/1 1.388 futh Laruxj dkWyksuh dh clkgV 5 01/02/1 1.214 futh 5 416 1.214 futh ¼lEiw.kZ½ 13 fprkon 118/1 0.977 futh jk/kkLokeh uxj iSfd 118/1 1.171 'kgjh lhfyax jk/kkLokeh uxj iSfd
14. On 14/07/2017, additional reply to the rejoinder on behalf of the respondent Nos. 2 and 4/State has been filed.
15. The stand of the Collectorate, Indore is that in number of survey numbers, illegal encroachment has been done on the private land and the same can only be legalized and regularized in accordance with the provisions of M.P. Nagar Palika (Registration Colonizers Terms and Conditions) Rule, 1998. Earlier the State Government has allowed the regularization of the illegal
16. From the aforesaid facts and events and looking to the size of number of illegal colonies, we direct the respondent to take appropriate steps in terms of the provisions of 1998 Rules and colonies upto 2012, but now vide new notification the illegal colonies up to December 2016 has been permitted to be regularized.
17. From the aforesaid facts and events and looking to the size of number of illegal colonies, we direct the concerned respondent to take appropriate steps expeditiously as soon as possible in terms of the provisions of 1998 Rules and Section 433 read with Sections 292-A, 292-B and 292-E of the Madhya Pradesh Municipal Corporation Act, 1956, only in terms of regularisation made by the State Government from time to time. All those exercise shall be completed within a period of six months from today. It is further observed that if some person or persons are found guilty of any offence then they may also dealt with, in accordance with law.
18. With the aforesaid, the writ petition is disposed of with no order as to costs.
19. Office is directed to list this petition in separate head of "Compliance" in daily cause-list in the week commencing 2 nd May, 2018.
(P.K. Jaiswal) (Virender Singh)
Judge Judge
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