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2013 DIGILAW 1273 (MP)

Adhunik Grah Nirma Sahakari Samiti v. GDA

2013-10-23

G.D.SAXENA, S.K.GANGELE

body2013
Judgment: 1. They are heard. The petitioner has filed this petition against the order dated 4/5/2012 (Annexure P/1) and the order dated 10/2/2012 passed by respondent No. 1 Gwalior Development Authority (GDA) and the order dated 26/11/2011 (Annexure P/3) passed by the Joint Director, Town and Country Planning, Gwalior. 2. Respondent No. 1 GDA had taken the land of the petitioner society measuring area 63 bigha 16 biswa and had entered into an agreement with the petitioner society to the effect that the petitioner society shall leave fifty percent of the total land area free of cost to the GDA and the petitioner society shall be entitled to use fifty percent of the land in the shape of plotted area. The relevant portion of the agreement reads thus: The Sanstha agrees to leave 50% of total lands free of cost to the Authority, which will cover roads, open spaces and other spaces as per approved layout entitled only for 50% of the land in shape of plotted area and remaining 50% whatsoever, including area of road, lanes, parking places etc. shall be used strictly in accordance with the approved layout plan. 3. Thereafter, the petitioner society was granted No Objection Certificate (NOC) dated 21/12/2006 by the Joint Director, Town and Country Planning, Gwalior photo copy whereof has been filed as Annexure P/6 with the writ petition. Subsequently, the aforesaid NOC was cancelled vide Annexure P/3 on the ground that the petitioner did not submit proper map and received permission of bigger area 99 bigha 13 biswa by placing incorrect facts. The Chief Executive Officer, GDA directed the petitioner society vide impugned orders Annexures P/1 and P/2 to stop sale of plots and construction over the area. 4. Grievance of the petitioner society in this petition is that the society had submitted layout plan in regard to development of plots and houses over fifty percent of the area of 63 bigha 16 biswa in accordance with the agreement, hence, action of the petitioner society is in accordance with law. However, the Joint Director, Town and Country Planning has mentioned that the petitioner society did not submit proper map. 5. It is an admitted fact that the order Annexure P/3 dated 26/11/2011 passed by the Joint Director, Town and Country Planning was passed without giving any opportunity of hearing or issuing show cause notice to the petitioner society. However, the Joint Director, Town and Country Planning has mentioned that the petitioner society did not submit proper map. 5. It is an admitted fact that the order Annexure P/3 dated 26/11/2011 passed by the Joint Director, Town and Country Planning was passed without giving any opportunity of hearing or issuing show cause notice to the petitioner society. By the aforesaid order, earlier NOC issued by the Town and Country Planning in favour of the petitioner society has been revoked. Hence, the rights of the petitioner society are adversely affected. In such circumstances, in our opinion, it was obligatory on the part of respondent No. 2 Joint Director, Town and Country Planning to provide opportunity of hearing to the petitioner-society, in view of the law laid down by Hon'ble the Supreme Court in Nirma Industries Limited Vs. SEBI, (2013) 8 SCC 20 and ORYX Fisheries Pvt. Ltd. Vs. Union of India, (2010) 13 SCC 427 . Hence, the order is contrary to law. Consequently, present writ petition is disposed of with the following directions: (i) Impugned order Annexure P/3 dated 26/11/2011 passed by the Joint Director, Town and Country Planning, Gwalior and the consequential orders Annexures P/1 dated 4/5/2012 and Annexure P/2 dated 10/2/2012 passed by the Gwalior Development Authority (GDA) are hereby quashed. (ii) Respondent No. 2 Joint Director, Town and Country Planning is hereby directed to pass fresh order after giving opportunity of hearing and issuing show cause notice to the petitioner society. Respondent No. 2 shall also consult respondent No. 1 GDA. (iii) The petitioner society is at liberty to place all material before respondent No. 2 Authority. (iv) The proceedings be completed within a period of sixty days from the date of receipt of certified copy of this order. (v) Up to that period, status quo in regard to construction over the land in question shall be maintained by the parties. No order as to costs.