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Showing contexts for: ILLEGAL COLONIZATION in Narendra Singh Wadhwa vs The State Of Madhya Pradesh on 1 April, 2025Matching Fragments
(v) under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No.23 of 1973) from the respective authority competent to grant the same or from a Nazul authority in case the land is situated in a Nazul area, divides the land into plots, with or without developing the area transfers or agrees to transfer them gradually or all at a time, to persons desirous of settling down on those plots by constructing residential or non-residential or composite accommodation and the expression "establishment of colony", "colonizer" "illegal colonizer" and "illegal colonization" shall be constructed accordingly.
7. Then, Sections 25 and 26 deals with illegal diversion of land and offence of illegal colonization. Section 27 deals with punishment for illegal diversion and illegal colonization. Section 28 deals with offence for illegal NEUTRAL CITATION NO. 2025:MPHC-JBP:15727 5 WP-14032-2012 construction and Section 29 deals with punishment for illegal construction. Section 30 deals with punishment for abatement of the offence of illegal construction and Section 31 deals with transfer of plots in an area of illegal diversion or illegal colonization to be void. Section 31 reads as under:-
"31. Transfer of plots in an area of illegal diversion or illegal colonization to be void - (1) (a) Notwithstanding anything contained in the Madhya Pradesh Land Revenue Code, 1959 (No.20 of 1959) transfer or agreement of transfer of plots made by a colonizer in an area of illegal diversion or illegal colonization shall be void;
8. Thus, it is evident that nowhere there is any provision under the Act of 1982 authorizing the developer to approach the Collector to seek a direction that plot allottees be directed to pay the development charges. The provisions contained in Chapter VIII of the Act of 1982 starting from Sections 24 to 32 deals with a different aspect of problem that is of illegal construction, illegal colonization and illegal development. It does not say that if the plot holders fail to pay the development charges in time, then the remedy to a developer shall be under this Act.