Madhya Pradesh High Court
Krishnavavan vs Municipal Corporation Indore. on 21 November, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
WP No.12385/2022_Bunch 15 cases
1
In the High Court of Madhya Pradesh
At Indore
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 21ST OF NOVEMBER, 2022
Writ Petition No.12385/2022
Between: -
Vijayvan S/o Shri Krashnavan Goswami,
Age- 34 years, Occupation- Business,
R/o: 156, Patel Nagar, Opposite Aerodrome,
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation, Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(By Shri Amol Shrivastava, Advocate)
Writ Petition No.12393/2022
Between: -
Manju Giri Goswami W/o Shri Sagar Goswami,
Age- 56 years, Occupation- Housewife,
R/o: 36, Patel Colony, Indore, District Indore (MP)
.....PETITIONER
(By Shri Rajwardhan Gawde, learned counsel along with
Shri Anil Mittal, Advocate)
AND
The State of Madhya Pradesh,
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-11-2022
14:59:47
WP No.12385/2022_Bunch 15 cases
2
Through Principal Secretary,
Urban Administration Department,
Vallabh Bhawan, Bhopal (MP)
The Commissioner,
Indore Municipal Corporation,
Indore, District Indore (MP)
The Building Officer,
Zone No.16, Indore Municipal Corporation,
Indore, District Indore (MP)
.....RESPONDENTS
(State of Madhya Pradesh by Shri Koustubh Pathak, Government Advocate
Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12392/2022
Between: -
Sushila Giri W/o Shri Lalu Giri,
Age- 57 years, Occupation- Housewife,
R/o: 31, Patel Colony, Indore, District Indore (MP)
.....PETITIONER
(By Shri Rajwardhan Gawde, learned counsel along with
Shri Anil Mittal, Advocate)
AND
The State of Madhya Pradesh,
Through Principal Secretary,
Urban Administration Department,
Vallabh Bhawan, Bhopal (MP)
The Commissioner,
Indore Municipal Corporation,
Indore, District Indore (MP)
The Building Officer,
Zone No.16, Indore Municipal Corporation,
Indore, District Indore (MP)
.....RESPONDENTS
(State of Madhya Pradesh by Shri Koustubh Pathak, Government Advocate
Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12394/2022
Between: -
Mamta W/o Shri Satish Goswami,
Age- 51 years, Occupation- Household Work,
R/o: 5, Patel Nagar, Opposite Aerodrome,
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-11-2022
14:59:47
WP No.12385/2022_Bunch 15 cases
3
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12395/2022
Between: -
Krashnabai W/o Shri Lakhanlal Jaiswal,
Age- 50 years, Occupation- Business,
R/o: 4, Patel Nagar, Opposite Aerodrome,
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12396/2022
Between: -
Sitabai Choudhary W/o Shri Santosh Choudhary,
Age- 38 years, Occupation- Housewife,
R/o: 51, Patel Nagar, Opposite Bijasan Tekri,
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-11-2022
14:59:47
WP No.12385/2022_Bunch 15 cases
4
Indore, District Indore (MP)
.....PETITIONER
(By Shri Gourav S. Shrivastava, learned counsel along with
Ms. Mehul Shukla, Advocate)
AND
The State of Madhya Pradesh,
Through Principal Secretary,
Urban Development and Environment Department,
Vallabh Bhawan, Bhopal (MP)
Indore Municipal Corporation
Through the Commissioner,
Indore, District Indore (MP)
The Building Officer / Executive Engineer,
Zone No.16, Indore Municipal Corporation,
Indore, District Indore (MP)
.....RESPONDENTS
(State of Madhya Pradesh by Shri Koustubh Pathak, Government Advocate
Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12397/2022
Between: -
Gyanendra S/o Shri Janardhan Prasad Tiwari,
Age- 50 years, Occupation- Business,
R/o: 8, Patel Nagar, Opposite Aerodrome,
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12398/2022
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-11-2022
14:59:47
WP No.12385/2022_Bunch 15 cases
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Between: -
Lakhan S/o Shri Ramprasad Choudhary,
Age- 52 years, Occupation- Service,
R/o: 52, Patel Nagar, Opposite Aerodrome,
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12399/2022
Between: -
Sandeep Singh Goud S/o Shri Prem Singh Goud,
Age- 35 years, Occupation- Service,
Ravindra Singh Goud S/o Shri Prem Singh Goud,
Age- 30 years, Occupation- Service,
R/o: 50, Patel Nagar, Opposite Bijasan Tekri,
Indore, District Indore (MP)
.....PETITIONERS
(By Shri Gourav S. Shrivastava, learned counsel along with
Ms. Mehul Shukla, Advocate)
AND
The State of Madhya Pradesh,
Through Principal Secretary,
Urban Development and Environment Department,
Vallabh Bhawan, Bhopal (MP)
Indore Municipal Corporation
Through the Commissioner,
Indore, District Indore (MP)
The Building Officer / Executive Engineer,
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-11-2022
14:59:47
WP No.12385/2022_Bunch 15 cases
6
Zone No.16, Indore Municipal Corporation,
Indore, District Indore (MP)
.....RESPONDENTS
(State of Madhya Pradesh by Shri Koustubh Pathak, Government Advocate
Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12401/2022
Between: -
Varsha Thakkar W/o Shri Ashok Kumar Thakker,
Age- 61 years, Occupation- Housewife,
R/o: 118, Patel Nagar, Opposite Bijasan Tekri,
Indore, District Indore (MP)
.....PETITIONER
(By Shri Gourav S. Shrivastava, learned counsel along with
Ms. Mehul Shukla, Advocate)
AND
The State of Madhya Pradesh,
Through Principal Secretary,
Urban Development and Environment Department,
Vallabh Bhawan, Bhopal (MP)
Indore Municipal Corporation
Through the Commissioner,
Indore, District Indore (MP)
The Building Officer / Executive Engineer,
Zone No.16, Indore Municipal Corporation,
Indore, District Indore (MP)
.....RESPONDENTS
(State of Madhya Pradesh by Shri Koustubh Pathak, Government Advocate
Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12402/2022
Between: -
Vimla D/o Shri Gulabvan Goswami,
Age- 58 years, Occupation- Household work,
R/o: 55, Patel Nagar, Opposite Aerodrome,
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-11-2022
14:59:47
WP No.12385/2022_Bunch 15 cases
7
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12403/2022
Between: -
Jeevanvan S/o Shri Rajendravan Goswami,
Age- 36 years, Occupation- Business,
R/o: 9/2, Patel Nagar, Opposite Aerodrome,
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12404/2022
Between: -
Rajendra Kumar Modi S/o Shri Nathulal Modi,
Age- 65 years, Occupation- Business,
Ashish Modi S/o Shri Rajendra Kumar Modi,
Age- 65 years, Occupation- Business,
R/o: 9, Patel Nagar, Opposite Bijasan Tekri,
Indore, District Indore (MP)
.....PETITIONERS
(By Shri Gourav S. Shrivastava, learned counsel along with
Ms. Mehul Shukla, Advocate)
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-11-2022
14:59:47
WP No.12385/2022_Bunch 15 cases
8
AND
The State of Madhya Pradesh,
Through Principal Secretary,
Urban Development and Environment Department,
Vallabh Bhawan, Bhopal (MP)
Indore Municipal Corporation
Through the Commissioner,
Indore, District Indore (MP)
The Building Officer / Executive Engineer,
Zone No.16, Indore Municipal Corporation,
Indore, District Indore (MP)
.....RESPONDENTS
(State of Madhya Pradesh by Shri Koustubh Pathak, Government Advocate
Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12405/2022
Between: -
Mohan S/o Shri Ramprasad Patidar,
Age- 62 years, Occupation- Business,
R/o: 52, Patel Nagar, Opposite Aerodrome,
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
Writ Petition No.12406/2022
Between: -
Krishnavavan S/o Shri Chimanvan Goswami,
Age- 65 years, Occupation- Agriculture,
R/o: 15/2, Patel Nagar, Opposite Aerodrome,
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-11-2022
14:59:47
WP No.12385/2022_Bunch 15 cases
9
Indore, District Indore (MP)
.....PETITIONER
(By Shri Vivek Patwa, learned counsel along with
Shri Bharat Dixit, Advocate)
AND
Municipal Corporation Indore,
Through its Commissioner,
Municipal Corporation Road,
Indore, District Indore (MP)
The Building Officer,
Municipal Corporation Indore,
Zone No.16, Pallar Nagar,
60 Ft. Road, Indore, District Indore (MP)
.....RESPONDENTS
(Indore Municipal Corporation by Shri Amol Shrivastava, Advocate)
...............................................................................................................................
This application (s) coming on for orders this day, the court
passed the following:
ORDER
Heard finally, with the consent of the learned counsel for the parties.
This order shall govern the disposal of Writ Petition No.12385/2022, Writ Petition No.12393/2022, Writ Petition No.12392/2022, Writ Petition No.12394/2022, Writ Petition No.12395/2022, Writ Petition No.12396/2022, Writ Petition No.12397/2022, Writ Petition No.12398/2022, Writ Petition No.12399/2022, Writ Petition No.12401/2022, Writ Petition No.12402/2022, Writ Petition No.12403/2022, Writ Petition No.12404/2022, Writ Petition No.12405/2022 and Writ Petition No.12406/2022, as the issue involved in all these fifteen petitions is one and the same. For the sake of convenience, the facts narrated in Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 26-11-2022 14:59:47 WP No.12385/2022_Bunch 15 cases 10 Writ Petition No.12385/2022 are taken into consideration.
This petition, under Article 226 of the Constitution of India has been filed by the petitioner against notice dated 26.05.2022 (Annexure P/9), issued by Respondent No.2, the Building Officer, Indore Municipal Corporation, Indore, District Indore (MP) whereby the petitioner is informed that the road in question i.e. the Road from Police Station, Aerodrome, Indore to Bijasan Mandir is to be developed as per the Indore Development Project, 2021 and as the petitioner's construction is coming in the way of development of road, he / she is directed to remove the constructions, as the land has been vested in the Municipal Corporation Indore by virtue of Section 305 of the Municipal Corporation Act, 1956 (herein after referred to as the Act) within seven days' time.
2. The petitioner's contention is that he is the owner of the land in question, having purchased the same in the year 2004 through a registered sale-deed, a copy of which is also placed on record as Annexure P/6.
3. The petitioner's further contention is that the aforesaid Road is a 30-Meter-wide Road, as provided under the Master Plan. In this regard, the petitioner has also placed on record a Chart of various roads of the airport area with their width; and so far as the Depalpur Road is concerned, it is said to be 30-Meters wide.
4. Shri Patwa, learned counsel appearing for the petitioner has submitted that what the respondent / Indore Municipal Corporation is now proposing to increase the width of the said road from 30 Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 26-11-2022 14:59:47 WP No.12385/2022_Bunch 15 cases 11 Meter to 60 Meter, regarding which marking has also been done.
5. It is further submitted that the Indore Municipal Corporation is bent upon to acquire the petitioner's land without paying adequate compensation for the same, as in the impugned notice, there is absolutely no reference of any compensation to be paid to the petitioner/s for the said acquisition of his / her land.
6. The petition is opposed by the counsel appearing of the Indore Municipal Corporation.
7. A reply has also been filed by the respondent / Corporation. It is submitted that Indore Master Plan 2021 is already in force and the land in question is already vested in the Municipal Corporation by virtue of s.305 of the Act of 1956. And, on the basis of the map placed on record, it is contended by Shri Amol Shrivastava, learned counsel for the Municipal Corporation that the road in question i.e. Depalpur Road is 30-Meter-wide only up to Cross Section RW-1 (on the map); and thereafter, its width is 60 Meter. It is also submitted that the width of the entire stretch of road from Main Gate of Airport Indore to Ujjain Road is 60 meter.
8. Thus, it is also submitted that since the road in front of the house (s) of the petitioner is of 60-Meter width, the petitioner cannot be allowed to contend that it is 30-Meter.
9. In support of his contention, the Corporation has also placed on record relevant portion of the map of the Town & Country Planning Department, which is the part of the Master Plan, depicting the aforesaid Road.
Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 26-11-2022 14:59:47WP No.12385/2022_Bunch 15 cases 12
10. It is submitted that the Master Plan of Indore was notified on 01.01.2008 and thus, it cannot be said that merely because the Corporation now wants to widen the aforesaid Road, that the Map has been prepared.
11. Shri Shrivastava has also submitted that the persons who are affected by the Road Widening Scheme would be properly compensated in terms of Sections 305 and 306 of the Act. In support of his contention, Shri Shrivastava has also relied upon the decision rendered by the Supreme Court in the case of Ravindra Ramchandra Waghmare v. Indore Municipal Corporation and others reported as (2017) 1 SCC 67 (paras 35, 39, 47, 48 and 85). It is submitted that in this case, the Supreme Court has already taken care of all the objections regarding adequate compensation which the Municipal Corporation is required to pay to the affected persons; and thus, the apprehension of the petitioner is unfounded.
12. It is also submitted that the Public Works Department (PWD) has already handed over the said Road to Municipal Corporation through letter dated 26.05.2022 (Annexure R/2); and even otherwise, the PWD was only an executing agency for the construction of the road and had no interest or title on the said road, which also vested in the Municipal Corporation.
13. Heard learned counsel for the parties and perused the record.
14. On a close scrutiny of the documents filed on record, it is found that the road in question i.e., Depalpur Road is 30 Meter Wide only up to Cross Section RW-1, as is depicted in the map filed Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 26-11-2022 14:59:47 WP No.12385/2022_Bunch 15 cases 13 by the Corporation, and thereafter it has widened to 60 Meters and from the Main Gate of Airport Indore to the road connecting to Ujjain, the width of the road is 60 Meter, thus, in front of the main gate of the airport, on both the sides, the width of the road is 60 meters. This fact has not been rebutted by the petitioner (s); and in such circumstances, this Court does not find any error on the part of the respondent / Corporation to issue show cause notice dated 26.05.2022 (Annexure P/9), as the construction and possession of the petitioner on the land in question, so far as it overlaps the 60 Meter Wide Road, is liable to be removed.
15. It is also found that after coming into the Master Plan, the road has already been vested in the Municipal Corporation and thus, no other Government body has a claim over the same; and in fact, PWD has already handed over its possession to respondent No.1 vide their letter dated 26.05.2022 (Annexure R/2).
16. Needless to say that the petitioner (s) would be entitled to receive adequate compensation, as has been directed by the Supreme Court in the case of Ravindra Ramchandra Waghmare (supra) and as agreed by Shri Amot Shrivastava, learned counsel for the respondent / IMC, the persons who are affected by the Road Widening Scheme would be properly compensated in terms of Sections 305 and 306 of the Act, and also in the light decision in the case of Ravindra Ramchandra Waghmare v. Indore Municipal Corporation and others (supra). It is also directed that the petitioners shall have further seven days time from 28.11.2022, to Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 26-11-2022 14:59:47 WP No.12385/2022_Bunch 15 cases 14 remove their construction before the Municipal Corporation gives effect to the impugned notice dated 26.05.2022.
17. With the aforesaid observations, this batch of writ petitions stand dismissed.
18. Resultantly, Writ Petition No.12385/2022, Writ Petition No.12393/2022, Writ Petition No.12392/2022, Writ Petition No.12394/2022, Writ Petition No.12395/2022, Writ Petition No.12396/2022, Writ Petition No.12397/2022, Writ Petition No.12398/2022, Writ Petition No.12399/2022, Writ Petition No.12401/2022, Writ Petition No.12402/2022, Writ Petition No.12403/2022, Writ Petition No.12404/2022, Writ Petition No.12405/2022 and Writ Petition No.12406/2022 stand disposed of.
Original signed order be kept in Writ Petition No.12385/2022 and a copy thereof be kept in other connected cases.
All the other pending interlocutory applications, if any, shall stand disposed of.
(Subodh Abhyankar) Judge Pithawe RC Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 26-11-2022 14:59:47