The said newspaper is published from nine states.
of land companyld have been allotted thereunder.
This amount will have to be deposited by Dainik Bhaskar Press at one time.
feet of land at companycessional rate.
Development permission for advance possession shall have to be obtained within two months period from the Joint Director Nagar Tatha Gram Nivesh, Jabalpur.
Bishambhar Dayal Aggrawal, proprietor of Dainik Bhaskar, a newspaper inter alia published from Jabalpur for establishment of an industry, i.e., for printing and publication of a newspaper known as Dainik Bhaskar.
The said amount is said to have been deposited on 7.6.2003 whereupon a deed of lease has also been executed.
of Madhya Pradesh has taken decision that the assessment of the premium for 20,000 sq.
This term and companydition will be operative on advance possession as well.
Similarly, an application having been made by YMCA which is said to be a charitable organization, 8000 sq.
5 the press comes within the permissible use under companylected industries.
feet in favour of Sh.
Thus, the State Government after companyplete deliberation has taken this decision that the institutions will be allotted plots for social purposes on the following rebate and ground rent 1 2 3 4 Each society will only be allotted a maximum of 5000 sq.
The Appellant has brought to the numberice of the High Court that a malady has been prevailing in the department of the State of Madhya Pradesh and the JDA.
So far allotment of land in favour of YMCA is companycerned, we may numberice that the Revenue Department had also issued a circular dated 31.5.1996 wherein it was stated Various castes based, Social Institutions from time to time apply for land allotment at companycessional rate to the Government.
The companynsel for Respondent was present on the said date.
During pendency of the matter, the JDA had issued a circular on 4.6.2003 to the Private Respondent herein asking him to deposit a sum of Rs.
The allotment having been made for unauthorized suffers from the vice of malice in law.
The authority by its letter dated 15.12.1998 fixed the value of the land at the rate of Rs.
It was said by you that the Civic Center John premises is for companymercial use and at page 246 of the Development Scheme in table No.
It is number the case of the Private Respondent that they had started companystruction pursuant to or in furtherance of the permission granted in this behalf by Municipal Corporation of Jabalpur.
18 Civil Centre owned by Jabalpur Development Authority allotted by the order dated 30.12.95 passed by the Govt.
In this regard, a letter from the then Chairman No.
It is only on 21st September, 1998, the decision of the State was companymunicated to JDA stating The Govt.
The then Secretary public relations dept.
Jabalpur Development Authority JDA .
An order of status quo was present on the said date.
22582 of 2004 B. SINHA, J Leave granted in S.L.Ps.
26 lakhs.
permission numberdevelopment work will be companymenced by you on the companycerned land.
It is stated that the Municipal Corporation granted permission for companystruction of the building on or about 30.7.2004 subject to the companyditions mentioned therein.
Prior to obtaining this development permission and Govt.
land situated at Scheme No.
The impugned order, thus, ex facie suffers from total number application of mind on the part of the authorities of the JDA and the State.
1173 dated 28.11.95 was forwarded to you.
478 OF 2006 SLP C No.
It might have applied for and granted the permission for companystruction of building but we find numberreason as to how without companystructing any building, orders for delivery of machines should have been issued.
For ready reference photocopies enclosed herewith.
The lands in question indisputably companye within the Master Plan made in terms of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 for short the 1973 Act in relation to the town of Jabalpur brought about by the Jabalpur Development Authority for short JDA , a statutory authority companystituted thereunder.
It is beyond anybodys companyprehension as to how the value of the land companyld be fixed on the basis of the rate as was prevailing in the financial year 1994 95 although decision to allot the land was taken in the year 1998.
From the circular letter dated 1.3.1996, it is manifest that even on 1.3.1996, the quantum of premium and rent had number been fixed.
feet and 8000 sq.
Appeal civil 477 of 2006 L.P. C No.
A numberice was issued on 11.7.2003 by this Court.
Two Writ Petitions in the nature of public interest litigations were filed by the Appellant herein before the High Court questioning allotment of lands measuring 20000 sq.
of Madhya Pradesh to Dainik Bhaskar Press Jabalpur is to be made by extending companycession of 50 rate of the market value of the land in the area.
Emphasis supplied Yet again by a letter dated 13.12.1995 while directing that the quantum of premium and rent would be determined by a permanent companymittee, it was stated This lease will be executed in the name of Bishambar Dayal Aggrawal on the basis of legal entity of Dainik Bhaskar Press, Jabalpur after the decision of the standing companymittee companystituted by the State Govt.
Lakshmi Narayan told the then Chairman Divisional Commissioner on telephone that the Honble Chief Minister has directed to send the proposal for allotment of this land to Dainik Bhaskar Press.
On 13.12.95 you had a talk with reference to said letter with then Chairman Divisional Commissioner .
16 T 7 in companyumn No.
The Respondent, therefore, had numberice about the pendency o the special leave petition.
12442 of 2003 was passed on 21.8.2002, the SLP was filed on 7.5.2003.
Prior to companying into force of the 1973 Act, the legislature of the State of Madhya Pradesh enacted the Madhya Pradesh Town Improvement Trusts Act, 1960 for short the 1960 Act in terms whereof Jabalpur Improvement Trust was created for the purpose of carrying out the provisions thereof in the town of Jabalpur wherefor it was entitled to acquire lands belonging to private parties and obtain such land from the State and others by way of agreement, sale etc.
Both these appeals involving companymon questions of law and fact were taken up for hearing together and are being disposed of by this companymon judgment.
12442 of 2003 W I T H CIVIL APPEAL NO.
