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Madhya Pradesh High Court

M/S Birla Corporation Ltd. vs The State Of Madhya Pradesh on 20 November, 2020

Author: Sujoy Paul

Bench: Sujoy Paul

                                                                     1                               WP-15853-2020
                                          The High Court Of Madhya Pradesh
                                                     WP-15853-2020
                                        (M/S BIRLA CORPORATION LTD. Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                  4
                                  Jabalpur, Dated : 20-11-2020
                                        Heard through Video Conferencing.
                                        Mr. Atul Choudhary, Advocate for the petitioner.
                                        Mr. Sheetal Tiwari, Panel Lawyer for the respondents No.1 & 2-State.

Mr. Sanjay K. Agrawal, Advocate for the respondents No. 3 & 5. None for the respondent No.4.

Issue notice to the respondent No.4 on payment of process fee by Monday (23.11.2020).

Heard on interim relief.

Learned counsel for the petitioner by placing reliance on the lease-deed (Annexure-P/5) urged that this lease-deed was executed on 24.10.1963 and will remain in force till 16.10.2055. The schedule of this lease-deed contains the khasra numbers of the lands which are leased out in favour of the petitioner, which includes the land bearing Khasra No.616. The respondent- Corporation is constructing a park on Khasra No.616. The petitioner raised objection and even filed an application under Section 250 of the M.P. Land Revenue Code, 1959 (for short "Code"). However, the competent authority to decide the said application filed under Section 250 of the Code is Tehsildar, whereas the construction is being carried out under the order of Commissioner, Municipal Corporation, who is an ISA Officer. The Tehsildar has lots of hesitation to take strict steps against the senior officer. Even otherwise, in a proceeding filed under Section 250 of the Code, the work order of construction (Annexure-P/2) cannot be set aside. Mr. Choudhary, learned counsel for the petitioner submits that demarcation has already taken place and report (Annexure-P/6) shows that the Corporation is raising construction over the land bearing Khasra No.616.

Mr. Sheetal Tiwari, Panel Lawyer and Mr. Sanjay K. Agrawal, Digitally signed by SAIFAN KHAN Date: 2020.11.20 15:41:17 IST 2 WP-15853-2020 Advocate appearing for the respondents No.1, 2, 3 & 5 respectively urged that the construction is being carried out in public interest. The Corporation is constructing a park, which will even benefit the petitioner.

Mr. Sanjay K. Agrawal further urged that demarcation report (Annexure-P/6) is a ex-parte report without there being any participation of the Municipal Corporation.

In view of rival contentions mentioned hereinabove, it is clear that parties are at loggerhead and have taken a diametrically opposite stand as to where construction is being carried out. However, in Para-10 of the reply it is stated that the Corporation itself requested to undertake the exercise of demarcation. The application is pending before the Sub-Divisional Officer (SDO), Tehsil Raghurajnagar, District Satna.

In the opinion of this Court, if concerned SDO/Tehsildar is directed to undertake the exercise of demarcation of Khasra No.616 and give a report whether the respondent- Corporation is raising construction on Khasra No.616, it will separate the wheat from chaff and pivotal factual aspect will be addressed.

Learned counsel for the parties have no objection and jointly agreed that such direction may be issued.

Resultantly, I deem it proper to direct the SDO and Tehsildar, Tehsil Raghurajnagar, District Satna to undertake aforesaid exercise. The petitioner and respondent No.3, through their officer, shall appear before the SDO, Raghurajnagar, District Satna on Tuesday (24.11.2020) at 11:00 AM. In turn, as per the convenience of the parties, the SDO, Raghurajnagar shall fix a date for demarcation in the presence of the parties. The date shall be within seven days from Tuesday (24.11.2020). The report of demarcation be filed by the respondents No. 1 & 2 before this Court on or before 07.12.2020.

Till next date of hearing and subject to demarcation report, the Corporation shall maintain status-quo, which is prevailing today on construction over Khasra No.616.

3 WP-15853-2020 List this matter on 07.12.2020.

C.C. as per rules.

(SUJOY PAUL) JUDGE s@if Signature Not Verified SAN Digitally signed by SAIFAN KHAN Date: 2020.11.20 15:41:17 IST