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6] It is the further the case of the petitioner that after obtaining the relevant permission the petitioner applied for grant of development permission from the respondent No.3 the Indore Municipal Corporation, which was also granted on 02/01/2006 and thereafter, the Company completed the development according to the sanctioned layout plan by the Town and Country Planning Department. The permission dated 02/01/2006 issued by the Indore Municipal Corporation is also placed on record. Subsequent to that, the petitioner Company also started allotting the plots to its members/shareholders and executed registered sale deeds of almost all the plots in favour of its members and the members are now applying individually for sanction of building plans on their respective plots and huge number of members have already constructed their buildings. Subsequently, the petitioner also applied for transfer of the colony to the respondent No.3 as required by law and the colony has already been handed over to the respondent No.3 vide letter dated 15/11/2018. 7] To the utter surprise of the petitioner, after having granted several building permissions, respondent No.3 has started issuing show cause notices to some of the members on the ground that their plots are within the distance of 30 meters from the river, hence, construction be stopped by them and why the building permission granted to them be not revoked, and despite the reply being filed by the plot holders, they are not permitted to complete their construction as per the sanctioned building plan. Subsequently, on 19/06/2019 respondent No.3 Indore Municipal Corporation wrote a letter to the respondent No.2 the Joint Director of Town and Country Planning, Indore that about 48-50 plots are falling within 30 meters distance from river and a distance of 30 meters from river has to be maintained according to Bhumi Vikas Niyam, 2012 (hereinafter referred to as the „Rules of 2012‟) and Master Plan, 2021. Hence, layout plan be amended/revised. The petitioner also filed its objection to the said letter on 01/08/2019 stating that since the layout plan has already been sanctioned and even the development permission has already been granted according to the Rules of 1984 and Master Plan 1991 and the development was also done accordingly and the plots are allotted and sold to the members, some of whom have already raised their construction after obtaining permissions, hence, the Rules of 2012 and Master Plan 2021 shall not be applicable. The petitioner has also placed on record the reply filed by the respondent No.2 Joint Director Town and Country Planning dated 18/09/2019 to the reply sent by the respondent No.3 Indore Municipal Corporation on 19/06/2019 clarifying the legal position that since the layout plan and development permission were sanctioned at the time when the Rules of 1984 and Master Plan 1991 were in force, hence, reference to the Rules of 2012 and Master Plan 2021 cannot be made to seek amendment in the layout plan. It was also mentioned that amendment/revision of any sanctioned layout plan can only be done under Section 29(3) of the Adhiniyam on the application of the petitioner. This position was further reiterated in its letter dated 24/09/2019 by the Joint Director, Town and Country Planning sent to the Director, however, despite the aforesaid stand taken by the Town and Country Planning, respondent No.3 has kept the permissions and applications on hold and has stopped accepting building permission application. Hence, the petitioners, seeking intervention of respondent No.1, the State Government through its Secretary Urban Administration and Development Department submitted a representation dated 20/01/2020 for issuance of the directions to the respondent No.2 and 3, however, no directions have been issued on the same. Thus, the respondent No.3 has continued to withhold the applications vide its communication dated 14/03/2020 wherein, it is informed that a request has been made to the Joint Director, Town and Country Planning to revise the layout plan of Devi Ahilya New Cloth Market and hence, no further building permission will be granted to any plot of this colony till the new revised map is issued. The petitioners have again sought the permissions for sanctioning the building permissions but to no avail and subsequently, on 15/06/2021, the Joint Director of Town and Country Planning has issued a notice to the petitioner stating that their 48-50 plots are falling within the distance of 30 meter from the river, hence, revised plan of the colony be submitted to which, a reply was also sent by the petitioner on 01/07/2021, stating that the petitioner has been granted the development permission vide order dated 01/02/2005, in accordance with law as prevailing on that day including the Master Plan and the plots have already been sold to the members of the petitioner Company and also informed about the letters issued by the Municipal Corporation in this behalf on 15/01/2021 and 19/06/2019, which have been referred to in the notice dated 15/06/2021 by the Joint Director.

15] It is also stated that so far as the order dated 19/07/2017 passed by the NGT is concerned, it does not relate to the Adhiniyam of 1973 and M.P. Bhumi Vikas Niyam and the development plan sanctioned thereunder, and otherwise also, it is in respect of lakes only and not the rivers. It is also submitted that in the said case the final order has also been passed on 13/12/2021, but the same would not have any bearing on the outcome of the present case as the sanction was already granted much prior to even the interim order dated 19/07/2017 passed by the NGT. It is also submitted that the contention of the respondent No.3 that the petitioner has made a false representation that the said river is a nala, is also misconceived and incorrect as it is common knowledge that the aforesaid river has been referred to as nala in the city of Indore. It is further submitted that reliance on Master Plan 2021 cannot be placed by the respondents to deny the permission to the members of the petitioner Company. It is also submitted that there is no provision in the Adhiniyam or Rules to compel any person to amend the layout plan and in the present case when not only the entire development has been completed, but the same has also been certified, and the plots have already been sold to various members of the petitioner Company running into more than 1100 plots, and since the project has already been handed over to the respondent No.3 Indore Municipal Corporation, it is practically impossible for the petitioner to amend/revise the layout plan. Thus, it is submitted that the reply filed by the Municipal Corporation be rejected and the petition be allowed. 16] In their reply to the petition, the respondent No.2 Town and Country Planning has reiterated what is stated by the respondent No.1 State. It is also stated that the respondent Nos.1 and 2 are not the competent authority to grant building permission to the petitioner as it is the respondent No.3, who is the competent authority in the matter of grant of building permission. It is also submitted that the petitioner could have applied for modification/amendment of the layout plan as provided under Section 29(3) of the Adhiniyam of 1973. 17] An additional reply dated 13/12/2022 has also been filed by the respondent No.3 Municipal Corporation contending that the Municipal Corporation has put on hold the building permissions by invoking Rule 25 of the Madhya Pradesh Bhumi Vikas Rules and have recalled and revoked such building permissions granted within 30 meter of FTL in accordance with the order passed by the NGT. It is also submitted that the building permissions have already been refused to three plot holders namely Jagdish Kasat, Pankaj Parmar, Vandana Parmar and Shri Mohit Chandwani.

Counsel has further submitted that the petitioner, (in W.P. No.19332/2021) is a registered company and various plots have been sold to the share holders as per the sanctioned map in the year 2005, and thereafter the order of NGT has been passed directing the State Government to ensure that there should be no construction within 30 meters of Full Tank Level (FTL) all the lakes in the State. It is further submitted that obeying the aforesaid order, the petitioners are also not inclined to make any construction within vicinity of 30 meters of bank of the river Saraswati as this issue is under challenge before this Court only and any future construction on this strap would be governed by the final order passed in this petition, however, in the sanctioned map, there are other 1100 odd plots also involved which have nothing to do with the present controversy. Thus, it is submitted that the aforesaid plot holders be allowed to carry out the construction and other activities in respect of the plots which do not come within 30 meters limit of the river.

(emphasis supplied in original) On perusal of the aforesaid order, this Court finds that the dispute is purely in respect of the plots which are situated within the vicinity of 30 meters of the bank of Saraswati river. However, so far as the other 1100 odd plots are concerned, they are not situated within the aforesaid area and in such circumstances, to restrain them from further construction work would be onours to them as the plots have been sold by the petitioner to the respective plot holders in the year 2005 itself and all the development activities have already been complete. In view of the same, it is directed that till the final disposal of this petition, the petitioner or any other person shall not construct or carry out any activity within the vicinity of 30 meters area of the bank of Saraswati river as has been directed by the respondent No.2 to the petitioner. However, so far as the other plots are concerned, they are excluded from the order passed by the NGT and as such, the Respondent No.3 is directed to grant building permissions to the plot owners in accordance with law and allow them to carry out other development activities pursuant thereto. Let the matter be listed in the week commencing 01/8/2022. Signed copy of the order be kept in Writ Petition No.19332/2021 and the copy whereof be placed in the other connected W.P.Nos.21216/2021,21400/2021,21511/2021,21960/2021,23078/2021, 23082/2021, 23887/2021, 25737/2021, 27114/2021, 27878/2021, 28757/2021, 00929/2022, 04824/2022."