The appellants at the stage of the final hearing of writ appeals before the High Court filed fresh writ petition amended writ petition for questioning the vires of the provisions companytained in sections 305 and 306 of the Act of 1956.
v. State of M.P. Ors.
The Master Plan was prepared under the provisions of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 Town Country Planning Act hereinafter referred to as the Act of 1973.
At the relevant time AB Road MR I was proposed to be as 40 50 mtrs.
The Single Bench at Jabalpur had allowed the writ application and held that the land be acquired under the provisions of the Act of 2013.
For BRTS companyridor survey was undertaken by the Expert Committee of the Central Government namely Urban Mass Transit Council of Bhopal City.
Presently only 1.25 lakh passengers are getting the services of low floor buses.
The matter arises out of Bhopal Municipal Corporation and Indore Municipal Corporation.
Plan was duly approved by the State Government and the routes were numberified as per Plan by the State Transport Authority.
Accordingly, the landowners submitted their lay out leaving requisite land from the centre of the road for widening of road.
It was in companyformity with the Master Plan of 1991 in the Master Plan of 2021 the width of the road is kept 60 meters.
At the same time it was provided that for future the width of said road would be 60 to 75 meters.
None of the appellants had raised objection when the development plan was prepared.
The Development Plan Master Plan was prepared as per the provisions of section 18 after inviting objections, suggestions.
The appellants are land holders in between Misroad to Ampree Chouraha.
They were aware of the proposed width of the road.
On 26.5.2007 a numberice was issued for demolition of certain structure for the purpose of widening of road.
It was finalized and published as per provisions companytained in section 19 4 .
Aggrieved thereby, writ appeals were filed by Bhopal Municipal Corporation which have been allowed by the impugned judgment and order dated 9.5.2016 by a Division Bench of the High Court of M.P. With respect to Bhopal the facts are being narrated from the matter in between A.K. Pali Ors.
As per appellants BRTS companyridor is being undertaken on a portion of Agra Bombay Road AB Road .
They were required to keep the land for widening of road in question.
It was also pointed out that number a separate bye pass road has been taken out for AB Road.
It was averred that there is numberprovision under the Act of 1973 of vesting of land on publication of Master Plan Development Plan, particularly the land belonging to private landowners.
The appellants have raised the companystruction of their building as per the companyditions mentioned in the map sanctioned by the authority under the Act of 1973.
It was described as Major City Road in the development plan, 1991 which was prepared and numberified in the year 1975.
State Government has numberpower to reduce quantum of companypensation prescribed under the Act of 2013.
The development permission was granted by the companypetent authority under the Act of 1973 as per the provisions companytained in section 13 1 b and Rule 21 1 framed under the Bhopal Vikas Adhiniyam, 1984 since repealed with effect from April, 2012.
The acquisition has to be made under the provisions companytained in sections 8, 11 and 16 of the Act of 2013.
On 1.1.2008 Master Plan, 2021 had been numberified in which AB Road has been proposed as 60 to 75 meters.
Initially, the writ petitions were filed by the appellants before a Single Bench in the year 2014 questioning the action initiated by the Municipal Corporation on the ground that such an action was impermissible under the provisions of section 305 of the Act of 1956.
ARUN MISHRA, J. Leave granted.
The action taken by the Municipal Corporations of Bhopal and Indore under section 305 of Madhya Pradesh Municipal Corporation Act, 1956 hereinafter referred to as the Act of 1956 has been questioned.
The appeals arise out of judgment and order dated 9.5.2016 passed by the High Court of Madhya Pradesh at Jabalpur and as against order dated 30.9.2010 passed by the Division Bench of the High Court of Madhya Pradesh at Indore thereby affirming the judgment and order passed by the learned Single Judge.
On that basis Municipal Corporation had granted permission to appellants.
At that time the width of the road was 54 mtrs.
The State Government through Municipal Corporation, Bhopal as a numberal agency decided to develop Bus Rapid Transit System Corridor for short BRTS companyridor on the stretch of around 8 kms.
For betterment of public transport system 225 low floor buses were also sanctioned by Sanctioning and Monitoring Committee of the Central Government.
As per Bhopal Development Plan, 2005 which was numberified in the year 1995, the proposed width of the road is 66 mtrs.
