The single bench of Madhya Pradesh High Court comprising Justice Subodh Abhyankar in the order said that ‘in view of the same, petition stands allowed and the impugned orders dated June 19, 2019, March 14, 2020, January 15, 2021, and June 15, 2021, are hereby quashed. Let a copy of this order be kept in other connected writ petitions. With the aforesaid, petitions are allowed and disposed of. The single bench heard the petition filed by Ashish Garg and others against the Municipal Commissioner, Indore and Joint Director, Town and Country Planning, Indore. The petition was filed by Devi Ahilya New Cloth Market Company Limited.

 

The company was registered on February 28, 1999, for the purpose of developing a colony for its shareholders and members and to sell the same to them. So far as the facts of the case are concerned, the petitioner Company sought to develop a colony as New Cloth Market at village Tejpur Gadbadi, Indore comprising of Survey Nos.117, 118/2, 119, 120/2, 121/2, 124/1/2, 125/2, 127/2, 128/2, 129/2, 130, 131, 132/1 and 133, in all admeasuring 46.30 acres. This land was reserved for commercial purposes in the Master Plan. The case of the petitioner is that 1139 cloth traders of Indore formed the aforesaid company for the said purpose of developing a colony, for which, petitioner company also purchased the aforesaid lands through a registered sale deed dated November 7, 1990 having obtained various permissions and exemptions under the Urban Land (Ceiling and Regulation) Act, 1976 and other permissions. Being aggrieved of the notice dated June 15, 2021 and other notices dated January 15, 2021, March 14, 2020, June 19, 2019 passed by the respondent Municipal Corporation, Indore and Town and Country Planning, Indore. Senior counsel for petitioner submitted that the development permission (Layout plan) had sanctioned by the respondent the Joint Director of Town and Country Planning on February 1, 2005.