9911796707
TMI Blog2000 (3) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... a statutory authority under the Act. The respondent no.1 is a Cooperative Housing Society registered under the M.P. Cooperative Housing Act, 1960. The aforesaid 1973 Act has been enacted to make provisions for planning, development and use of land for proper development, with a view to ensure that town planning schemes are made effectively under Chapter IV of the Act. The State Government through notification constitutes planning areas and defines its limit. Section 14 enjoins the Director to prepare a development plan. Such development plan is sanctioned by the State Government, which for the Raipur city was sanctioned on or before 9.9.1976. Chapter VI deals with control, development and use of land. Under Section 24, the overall control, development and use of land vests in the State Government subject to the rules framed under the Act. Section 25 enjoins, the use and development of the land must conform to the provisions of the sanctioned development plan, Section 26 prohibits development of any land without the permission in writing of the Director. Section 27 refers to the development undertaken by the Union or the State Government. Section 28 refers to the development underta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctor for permission to develop its land under Section 29 and stated that necessary fees shall be deposited, after permission is given. Respondent no.1 through another application applied for no objection certificate to respondent no.3 on 1.1.1987. On it an order dated 16.11.1987 was passed that no such certificate could be issued, as draft development scheme has already been published. With reference to the first application dated 2.6.1986, respondents case is, since respondent no.2 did not communicate any of his decision either granting or refusing the permission, hence after 60 days of the said application, it matured into deemed permission by virtue of sub- section (5) of Section 30. Next challenge to the draft scheme is that it was not published within two years from the date of publication under sub- section (2) of Section 30 viz., from 30.3.1985 in term of sub-section (3) of Section 50 hence the same is non est and inoperative. It is also submitted that Rule 18(2) requires publication of the draft scheme under sub-section (3) of Section 50, in the gazette and in one or more local paper which means publication in both, i.e., in the gazette and the newspaper has to be simultane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the period of [sixty days] the period in between the date of requisitioning any further information or documents from the applicant and the date receipt of such information or documents form the applicant shall be excluded. Under sub-section (5), if the Director does not communicate his decision either granting unconditionally or conditionally or refusing the permission then within 60 days from the date of the receipt of such application, the permission would be deemed to have been granted. But significantly proviso to it extends this period by excluding the period during which any further information or document is requisitioned from the applicant to the date of its receipt. It is not in dispute that respondent no.1 applied for the development of the land under Section 29 on 2.6.1986. The 60 days expires on 2.8.1986. The respondent case is till this date the Director has neither refused nor granted the permission hence it would be deemed to have been granted. On the other hand, appellant strongly relies on the five communications send by the Joint Director, town and country planning, to respondent no.1 seeking certain informations with regard to the development permission wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in the Gazette and in such other manner as may be prescribed. (3) Not later than two years from the date of publication of the declaration under sub-section (2) the Town and Country Development Authority shall prepare a town development scheme in draft form and publish it in such form and manner as may be prescribed together with a notice inviting objections and suggestions from any person with respect to the said draft development scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publication of such notice. It is not disputed that there are two publications under sub-section (2) in the M.P. Gazette, one is dated 30.3.1985 and the other is dated 6.9.1985. Both the aforesaid gazette publications record intent of the appellant to prepare town development scheme under sub-section (2) of Section 50. It is not revealed from the records as to why two such publications were made for the same purpose on two different dates. Still on these facts question that arises for our consideration is, as to what would be the starting point for computing the period of two years. In our considered opinion, it would not have any i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of Town Development Schemes. (1) The Town and Country Development Authority shall publish a notice under sub-section (2) of Section 50 inn Form XIII declaring the intention of making a town development scheme in the Gazette and by means of an advertisement in one or more local Hindi newspaper. Copies thereof shall also be available for inspection in the office of the Town and Country Development Authority and Regional Offices of Town and Country Planning Department concerned. (2) Not later than two years from the date of publication of the declaration in the form of the notice referred to in sub-rule (1) the Town and Country Development Authority shall publish a public notice under sub-section (3) of Section 50 in Form XIV in the Madhya Pradesh Rajpatra and in one or more local Hindi newspaper to give due publicity intimating that the draft town development scheme has been prepared and is available for inspection in the Office of the Town Country Development Authority and regional office of Town and Country Planning Department concerned during office hours inviting objections and suggestions with respect to the said draft within a period of thirty days from the dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Section 50 in Form XIV in the Madhya Pradesh Rajpatra (Madhya Pradesh Govt. Gazette).. Thus, when the publication in form XIV in the Madhya Pradesh Gazette is made, the compliance of the form and procedure of this Rule is complete. So if this publication is made within two years of the publication under sub-section (2) of Section 50, no invalidity could be attributable to any scheme under it. In view of this, it is not necessary to go into another question, whether this compliance is mandatory or directory. The submission that for computing period of two years the compliance of publication would only be completed if it is also published simultaneously in the local newspaper has no merit. There are two parts of sub-rule (2) of Rule 18. The first part we have quoted above and the second part which is disjoint with the word and is for another purpose, which is quoted hereunder: ..and in one or more local Hindi newspaper to give due publicity intimating that the draft Town and Country Development Scheme has been prepared and is available for inspection inviting objections and suggestions within a period of thirty days of the publication of such notice. The later part of this ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected. Lastly it is submitted that respondent no.1 application dated 1.1.1987 to the Chief Executive Officer of the appellant for the grant of no objection certificate was rejected on 16.11.1987 by him and also by the Joint Director, Town and Country Planning through order dated 20.11.1987 are liable to be set aside, as there is no provision under the Act or the Rules, requiring such no objection certificate. This is misconceived which we shall be referring hereinafter. It seems respondent no.1 made two applications for the development. First is on 2.6.1986 and the second is, as aforesaid, dated 1.1.1987. So far the 1st application dated 2.6.1986, we have already recorded that there is no deemed permission under sub-section (5) of Section 30. In fact, proceeding in pursuance to the same was closed for the lack of response from the respondent in respect of information sought. The second application is dated 1.1.1987 in which the respondent-society states about purchasing certain lands in villages and this society itself seeks issuance of no objection certificate from the appellant. However, the Chief Executive Officer rejected this through an order dated 16.11.1987 as the land ..... X X X X Extracts X X X X X X X X Extracts X X X X
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