Madhya Pradesh High Court
Rajendra Kumar Verma vs State Of M.P. Through Urban ... on 20 June, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:14865
1 WP-14174-2020
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 20th OF JUNE, 2025
WRIT PETITION No. 14174 of 2020
RAJENDRA KUMAR VERMA
Versus
STATE OF M.P. THROUGH URBAN ADMINISTRATION AND
DEVELOPMENT AND OTHERS
Appearance:
Ms. Kirti Dubey - Advocate for the petitioner.
Shri Anand Soni - Additional Advocate General for the respondent /
State.
Shri Vivek Dalal - Advocate for the respondent No.4.
ORDER
Per: Justice Vivek Rusia
Petitioner who is a permanent resident of Indore (M.P.) has filed
the present writ petition in the name of Public Interest Litigation challenging
the action of the Indore Development Authority (hereinafter referred as
"IDA"), whereby various plots and houses developed or constructed in
various schemes of the IDA have been allotted to its employees at
concessional and throwaway rates.
02. According to the petitioner, the IDA being a statutory authority
cannot be permitted to sale the plots or houses at concessional rates to its
NEUTRAL CITATION NO. 2025:MPHC-IND:14865
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employees hence, direction be issued in the interest of justice so that the
public assets are not misused or squandered. The petitioner has annexed the
list of the 225 allotments in various schemes. In this list, the allotment
number and dates are mentioned, according to which the allotments were
made from 1983 till 1994 and the petitioner has filed this petition after 16
years without explaining the delay.
03. The petitioner has also filed a copy of resolution No.330/2000
dated 16.10.1998, where by the Board of IDA took a decision to allot the
plots to its employees under "no profit and no loss" system. According to the
petitioner under the Madhya Pradesh Nagar Tatha Gram Nivesh Viksit
Bhumiyon, Griho, Bhawano Tatha Anya Sanrachnao ka Vyayan Niyam,
1975, no allotment or sale can be made without public auction. In support of
his contention, the petitioner has placed reliance on a judgment passed by
Coordinate Bench of this Court in case of Vijay Kumar Tiwari V/s The State
of Madhya Pradesh and others in Writ Petition No.3518 of 1992 decided on
09.12.2005.
04. So far as the facts of present petition is concerned, there is an
inordinate delay in filing the present petition, firstly, the petitioner is not
seeking quashment of the resolution No.330/2000 dated 16.10.1998 passed
by the IDA, secondly , the petitioner is not seeking quashment of the
allotments made to 225 employees, thirdly, the petitioner has not impleaded
any of the allottees as respondent. The petitioner is not seeking any specific
relief regarding quashment of resolution and allotment in the writ petition.
The petitioner is seeking relief to the extent that writ petition be entertained,
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notice be issued to the respondents and appropriate writ, order, direction may
kindly be issued in the interest of justice so that the public assets are not
misused and squandered. Such a direction had already been issued in the writ
petition by this Court in the case of Vijay Kumar Tiwari (supra), therefore,
no fresh direction is liable to be issued. However, after the aforesaid
allotment, the petitioner has not brought any facts on record that after 2001
any allotment has been made to its employees.
05. Even otherwise, in the year 2000, one Writ Petition No.2238 of
2000 (PIL) was filed by one Parmanand Sisodiya before the Division Bench
of this Court raising a similar issue regarding allotment of plot / lands to the
employees of IDA in violation of Madhya Pradesh Nagar Tatha Gram
Nivesh Adhiniyam, 1975 and Rules of 1975. Vide order dated 15.12.2000,
the writ petition had been dismissed. A copy of the order dated 15.12.2000 is
filed as AnnexureR-4/13 alongwith the reply. The similar issue was raised
before the Assembly and which was answered by the concerned Minister that
there is no illegality in allotment under "no profit and no loss" to the
employees and there is no correction in it. The respondent No.4 / IDA shall
act under the provisions of prevailing statutory Rules.
06. In view of the above, this Writ Petition is dismissed.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Divyansh
