Komal Bai vs State Of M.P. Through ...
2023 Latest Caselaw 13071 MP

                                 -: 1 :-



      HIGH COURT OF MADHYA PRADESH INDORE BENCH
          Single Bench of Hon'ble Shri Justice Vivek Rusia.


     W.P. Nos. 6688/2023, 6689/2023, 6699/2023, 6715/2023, 6729/2023
                              & 6842/2023
10.08.2023 :
        Shri Manish Yadav, learned counsel for the petitioners.

        Shri Amol Shrivastava, learned counsel for the respondent

No.1.

Shri Sudarshan Joshi, learned Govt. Advocate for the respondents/State.

Heard on the question of interim relief. The respondents have filed the reply in these petitions.

1. The issue of compensation can be decided at a later point of time, but at present the construction of the road is required in order to avoid the escalation in the prises of construction material. Because of the interim relief obtained by the petitioners, the entire construction of the road (R.W.1) is affected. The respondents are relying on the judgment of the apex Court in the case of Ravi Ramchandra Waghmare V/s. Indore Municipal Corporation : (2017) 1 SCC 667.

2. Admittedly, the land in question has come into the Municipal limits. The issue which requires consideration is, whether the FAR can be granted to an undiverted land which is still registered as an agricultural land. If the present petitions are decided in favour of the petitioners, then the petitioners would be entitled for compensation, which can be decided at a later point of time hence for the construction of the road cannot be stopped which is in public interest.

HIGH COURT OF MADHYA PRADESH INDORE BENCH Single Bench of Hon'ble Shri Justice Vivek Rusia.

3. In view of the above, the interim relief granted by this Court is hereby vacated.

After completion of the pleadings, list all the writ petitions for final hearing. Let a photocopy of this order be kept in all the connected petitions.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.08.11 19:05:48 +05'30'