Madhya Pradesh High Court
CONC/112/2020 of SUDARSHAN ENTERPRISES THROUGH ABHISHEK Vs SANJAY DUBE on 1 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 1[st] OF FEBRUARY, 2024
CONTEMPT PETITION CIVIL No. 3249 of 2019
BETWEEN:-
SUMANGAL GRIH NIRMAN SAHKARI SANSTHAMARYADIT THR. SHRI PRAKASH RIMZA S/O SHRIBALARAM RIMZA PRESIDENT R/O 150, ANOOP NAGARINDORE (MADHYA PRADESH)
(BY SHRI ABHINAV MALHOTRA - ADVOCATE)
.....PETITIONER
AND
1.SHRI SANJAY DUBE, PRINCIPAL SECRETARY,HOUSING AND ENVIRONMENT DEPARTMENTGOVERNMENT OF M.P., VALLABH BHAWANBHOPAL (MADHYA PRADESH)HOUSING AND ENVIRONMENT DEPARTMENTGOVERNMENT OF M.P., VALLABH BHAWANBHOPAL (MADHYA PRADESH)
2.SHRI SWATANTRA KUMAR, DIRECTOR, TOWNAND COUNTRY PLANNING DEPARTMENT,DIRECTORATE OF TOWN AND COUNTRYPLANNING, PARYAVARAN PARISAR E-5, ARERACOLONY, BHOPAL (MADHYA PRADESH)AND COUNTRY PLANNING DEPARTMENT,DIRECTORATE OF TOWN AND COUNTRYPLANNING, PARYAVARAN PARISAR E-5, ARERACOLONY, BHOPAL (MADHYA PRADESH)
3.SHRI VIVEK SHROTRIYA, CHIEF EXECUTIVEOFFICER, INDORE, INDORE DEVELOPMENTAUTHORITY, 7 RACE COURSE ROAD, INDORE(M.P.)OFFICER, INDORE, INDORE DEVELOPMENTAUTHORITY, 7 RACE COURSE ROAD, INDORE(M.P.)
.....RESPONDENTS
(BY MS. ARCHANA KHER - ADDITIONAL ADVOCATE GENERAL FOR THERESPONDENTS NO.1 & 2 AND MS. MINI RAVINDRAN - ADVOCATE FORTHE RESPONDENT NO.3)
CONTEMPT PETITION CIVIL No. 112 of 2020
BETWEEN:-
1.SUDARSHAN ENTERPRISES THROUGH ITSPARTNER ABHISHEK S/O SHRI MUKESH JAVERI, 39/1 SOUTH TUKOGANJ INDORE (MADHYAPRADESH)PARTNER ABHISHEK S/O SHRI MUKESH JAVERI, 39/1 SOUTH TUKOGANJ INDORE (MADHYAPRADESH)
2.M/S P.S. ENTERPRISES THR. ITS PARTNER SHRISHWETANK S/O PAWAN SHRIMAL R/O 284-285,SAKET NAGAR, INDORE (MADHYA PRADESH)SHWETANK S/O PAWAN SHRIMAL R/O 284-285,SAKET NAGAR, INDORE (MADHYA PRADESH)
3.PAWAN SHRIMAL S/O LATE KIRANMAL SHRIMALR/O 284-285, SAKET NAGAR, INDORE (MADHYAPRADESH)R/O 284-285, SAKET NAGAR, INDORE (MADHYAPRADESH)
((BY SHRI ABHINAV MALHOTRA - ADVOCATE)
.....PETITIONER
AND
1.SHRI SANJAY DUBE, PRINCIPAL SECRETARY,HOUSING AND ENVIRONMENT DEPARTMENTGOVERNMENT OF M.P., VALLABH BHAWANBHOPAL (MADHYA PRADESH)HOUSING AND ENVIRONMENT DEPARTMENTGOVERNMENT OF M.P., VALLABH BHAWANBHOPAL (MADHYA PRADESH)
2.SHRI SWATANTRA KUMAR, DIRECTOR, TOWNAND COUNTRY PLANNING DEPARTMENT,DIRECTORATE OF TOWN AND COUNTRYPLANNING, PARYAVARAN PARISAR E-5, ARERACOLONY, BHOPAL (MADHYA PRADESH)AND COUNTRY PLANNING DEPARTMENT,DIRECTORATE OF TOWN AND COUNTRYPLANNING, PARYAVARAN PARISAR E-5, ARERACOLONY, BHOPAL (MADHYA PRADESH)
3.SHRI VIVEK SHROTRIYA, CHIEF EXECUTIVEOFFICER, INDORE, INDORE DEVELOPMENTAUTHORITY, 7 RACE COURSE ROAD, INDORE(M.P.)OFFICER, INDORE, INDORE DEVELOPMENTAUTHORITY, 7 RACE COURSE ROAD, INDORE(M.P.)
.....RESPONDENTS
(BY MS. ARCHANA KHER - ADDITIONAL ADVOCATE GENERAL FOR THERESPONDENTS NO.1 & 2 AND MS. MINI RAVINDRAN - ADVOCATE FORTHE RESPONDENT NO.3)
These petitions coming on for admission this day, Hon'ble Shri Justice Ravi Malimath, Chief Justice passed the following:
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ORDER
The present petitions are filed on the ground that the order dated 04.07.2019 passed by the learned Single Judge in W.A No.125 of 2019 and other connected matters has been disobeyed. In terms whereof, this Court heldas follows:-
Conclusion
"16. In view of the foregoing discussion, all the writ petitions aredisposed of with a direction to the IDA to take the land of thepetitioners/landowners by way of agreement or to implement therecommendations of the Committee as approved by the Boardvide its Resolution dated 8.12.2014 positively within a period ofsix months from today. If the IDA is not ready to acquire the landor to implement the scheme, the IDA is free to withdraw itsscheme. That, under Proviso to sub-section (1) of Section 57, theState Government or Director may give such direction to theAuthority if such Authority is not taking any adequate steps todevelop the land. Section 57 is reproduced below :
“57. Development - (1) The Town and Country DevelopmentAuthority shall take necessary steps to develop the land vested init under Section 56 in accordance with the provisions of the towndevelopment scheme :
Provided that if the State Government or the Director has, aftersuch enquiry as may be necessary, reason to believe that theTown and Country Development Authority is not taking adequatesteps to develop the land or has deviated from the final scheme,it/he may give such directions to that authority as may beconsidered necessary in the circumstances.
(2) The directions given under this section shall be binding onthe Town and Country Development Authority and that authorityshall give effect to them forthwith.
The State Government is also directed to pass an appropriateorder u/s. 57 of the Act of 2013 to IDA keeping in view theaforesaid facts and circumstances of the case. Let a scanned copyof this order be sent to the Principal Secretary, Housing &Environment Department, State of M.P., Bhopal and Director,Town & Country Planning Department through e-mail to theirofficial mail-id for its compliance."
2. Presently compliance report has been filed in the Court. The same istaken on record. With the affidavit they have enclosed, the copy of the orderdated 13.3.2020 which indicates withdrawal of the scheme, which is also takennote of in the order passed by this Court dated 24.08.2023 in Contempt Petition No.3237 of 2019. Since by the said order liberty has been granted to the IndoreDevelopment Authority to withdraw the scheme and they have done so, we donot find that any contempt would arise. Hence, the contempt proceedings aredropped.
PK
(RAVI MALIMATH)CHIEF JUSTICE
(VIJAY KUMAR SHUKLA)JUDGE