A declaration of intention to prepare a town development scheme in terms of sub section 2 of Section 50 was issued on 24.08.2004.
The State of Madhya Pradesh, however, issued a numberification in terms of sub section 1 of Section 38 of the Act, inter alia, in respect of the villages in question, namely, Bicholi and Kanadia only on 28.10.2005.
Respondents filed a writ petition against the said order, inter alia, praying for issuance of a writ or order in the nature of mandamus directing the said authority to sanction the site plan which had been submitted.
The same was returned to the appellant authority stating that plan to be prepared for the projected population in the year 2021 on or about 4.01.2005.
Appellant issued a numberification on 18.05.2006 inviting objections in respect of the said scheme.
164 of Indore Development Authority.
Respondents filed an application before the Director for grant of permission only on 2.12.2004 which was rejected by reason of an order dated 14.12.2004 purported to be for the following reason subjected land of village Bicholi Hapsi has been included in the proposed Development Scheme No.
On or about 02.12.2004, Respondent applied for sanction of development plans under Section 29 1 of the Act.
Indisputably, in terms of sub section 3 of Section 50 of the Act, the draft town development scheme was to be prepared within a period of two years therefrom.
A draft development plan 2021 was published only on 13.07.2007 whereas the declaration by the appellant authority was numberified on 20.08.2004.
The said writ petitions were dismissed by a learned Single Judge by an order dated 17.05.2006.
Respondents, as numbericed hereinbefore, applied for and obtained sanction in terms of the building bye laws framed by the respective gram panchayats in 1991 for grant of development plans under Section 29 1 on 02.12.2004.
Writ appeals were preferred thereagainst, which have been allowed by the Division Bench of the High Court by its judgment dated 06.03.2007.
We may, however, numberice that on 04.01.2005, the said draft development plans were returned by the State of Madhya Pradesh in terms of Section 19 1 of the Act with a direction that the plans be prepared for the projected population as in the year 2021 and the same be placed before the Government for approval as soon as possible.
The said panchayats in terms of the provisions of the Act were local authorities.
The said plan was in respect of Urban Development Scheme No.164.
They had applied for and were granted sanction of building plan by the gram panchayat in the year 1991.
By a resolution adopted in a meeting held on 20.08.2004 a decision in anticipation of approval of the Government under Section 50 1 of the Act was proposed, which included the lands of villages Bicholi and Kanadia, inter alia, for companystruction of a bye pass road of 60 metres width.
Objections and suggestions in respect thereof were called for.
We may numberice two precise submissions of Mr. Venugopal at this stage The development plan includes draft development plan Existence of any draft development plan would authorise the appellant authority to declare its intention to prepare a town development scheme at any time.
Contentions of the writ petitioner respondents Respondents lands situated in villages Bicholi and Kanadia were within the respective jurisdictions of the Gram Panchayats companystituted under the provisions of the Madhya Pradesh Gram Panchayat Act.
Bicholi and Kanadia villages were, however, retained in the said amended numberification.
A Draft Development Plan 2021 was published on 13.07.2006.
Allegedly, objections and suggestions having been filed they were heard by the Development Planning Committee during the period between 25.08.2003 and 03.09.2003.
5318 of 2007 W I T H CIVIL APPEAL NO.
They submitted applications for grant of building plan in the year 1990 and the same was sanctioned on or about 05.04.1991.
2530 OF 2007 Arising out of SLP Civil No.
2531 OF 2007 Arising out of SLP Civil No.
Upon companypliance of the usual statutory formalities, the appellant published a draft development plan on 27.06.2003.
CIVIL APPEAL NO.
5695 of 2007 B. SINHA, J Leave granted.
Interpretation of the provisions of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, No.
The draft development plan was published on 27.06.2003 although it was sent for companysideration of the State in terms of Section 19 of the Act on 9.10.2003.
