The Madhya Pradesh High Court has directed the respondents including Commissioner cum director Nagar Tatha Gram Nivesh, Bhopal shall proceed further only after deciding the objections raised against the notification related to the Khandwa Development Plan 2035.
The court issued the direction during hearing of a petition filed by Vasudev Ahuja of Khandwa.
The petition sought direction to the respondents – the Commissioner cum director Nagar Tatha Gram Nivesh, Bhopal and the State government through principal secretary Urban Development and Housing to consider and decide his objections filed in relation to notification dated 11.12.2023 of Khandwa Development Ploan 2035.
Also the petitioner sought direction to the respondents to afford an opportunity of hearing to him (the petitioner) before finalizing the Khandwa Development Plan, 2035.
The petitioner raised an objection on 28.12.2023 but he apprehends that the State Government may issue a final notification without deciding the said objection on the Development Plan.
The petition is vehemently opposed by Deputy Advocate General Swapnil Ganguly for the State.
The government counsel submitted apprehension expressed by the
petitioner is misconceived and once objections / suggestions have been invited within 30 days from the date of publication of the notification, then even 30 days have not expired, therefore, there is no question of taking up of any objections at this stage and objections / suggestions shall be considered at the appropriate stage, the court order said.
On 11.12.2023 the notification was issued inviting objections within 30 days. Thus, it is clear that objections can be filed within 30 days from the date of notification. The petitioner has approached this Court even before expiry of those 30 days, the court observed.
The respondents are not expected to take up the objections prior to expiry of 30 days and they are expected to take up all the objections which are received against the notification issued under Section 19 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, the court observed. Therefore, it appears that apprehension expressed by counsel for the petitioner is misconceived, the court observed.
However, since the respondents are under obligation to decide the objections to the notification issued under Section 19 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, therefore, it is observed that the respondents shall proceed further only after deciding the
objections raised against the notification, said the court order of January 11, 2024, the court order said.
