K.K. BHALLA versus STATE OF M.P. AND ORS.

Citation: [2006] 1 S.C.R. 342 · Decided: 13-01-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
K.K. BHALLA 
v. 
STATE OF M.P. AND ORS. 
JANUARY 13, 2006 
[S.B. SINHA AND P.P. NAOLEKAR, JJ.] 
Town Planning: 
Madhya Pradesh Nagar Tatha Gram Nivesh Adhinzvam. 1973: 
lands, buildings and other developmental works·-Power of disposal-
Writ petitions, in the nature ofpublic interest litigations. were.filed questioning 
allotment of lands in favour of a Newspaper industry and YMCA-lands in 
question came within the Master Plan made in terms of the 1973 Act-The 
D lands in question were situated in the commercial area carved out of the said 
Master Plan-Validity of-Held: The power of disposal of lands, buildings 
and other developmental works indisputably vests in the JOA·- The State and 
the JOA being creatures of the statute were bound to act within the four-
corners thereof-So far as the allotment of land is concerned. the purpose for 
which the same is a/lolled would be wholly irrelevant if it contravenes the 
E mandatory provisions of the statute or the statutory rule· Disposal of the 
authority land is within the domain of the JOA, subject on(l' to the previous 
approval of the State Government-State has no power to interfere 11-ith the 
day to day functioning of the JOA-Hence allolment set aside-JOA direc/ed 
lo consider allotmenl of land to privale persons in lerms of the provisions of 
F the 1973 Ac/ and the Rules framed thereunder as also keeping in view 1he 
Mas/er Plan-Madhya Pradesh Nagar Tatha Gram Nivesh Vikasil Bhoomiyo, 
Griho, Bhavanothalha Anya Sanrachnaon Ka Vyayan N(1•am. 1975 Rr. 3, 4, 
5 19 and 20. 
Writ petitions, in the nature of pubic interest litigation, were filed 
G by the appellant before the High Court questioning allotment of lands in 
favour of a Newspaper industry and YMCA, private respondents 
respectively by the respondent-State. The lands in question indisputably 
came within the Master Plan made in terms of the Madhya Pradesh Nagar 
Tatha Gram Nivesh Adhiniyam, 1973 in relation to the town of Jabalpur 
brought about by the Jabalpur Development Authority (JDA), a statutory 
H 
342 
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K.K. BHALLA v. STATE OF M.P. 
343 
authority constituted thereunder. The lands in question were situated in A 
the commercial area carved out of the said Master Plan. 
Before the High Court the appellant contended that a proposal was 
made for the construction of an auditorium and a cinema hall by the 
authority and that the allotments made in favour of the private 
respondents were in contravention of the Master Plan drawn in terms of B 
the provisions of the 1973 Act. 
The High Court dismissed the writ petitions holding that the grants 
in favour of the private respondents were made for public purposes which 
the State was empowered to do so in terms of the Madhya Pradesh Nagar 
Tatha Gram Nivesh Vikasit Bhoomiyo, Griho, Bhavanothatha Anya c 
Sanrachnaon Ka Vyayan Niyam, 1975. Hence the appeal. 
Allowing the appeal, the Court 
HELD: I. The State in terms of the provisions of the Madhya 
Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 and the Madhya D 
Pradesh Nagar Tatha Gram Nivesh Vikasit Bhoomiyo, Griho, 
Bhavanothatha Anya Sanrachnaon Ka Vyayan Niyam, 1975 is a statutory 
authority. Its jurisdiction to oversee functions of the authorities of the 
Board as also power to issue directions are circumscribed by the provisions 
contained in Sections 72 and 73 of the 1973 Act. (355-F-G I 
E 
2. Concededly, the lands in question were either acquired lands or 
nazul lands. It also stands admitted that in terms of the provisions of 
Section 71(2) of the Madhya Pradesh Town Improvements Trust Act, 1960 
even the nazul lands stand admittedly vested in the authority and having 
regard to the provisions contained in Section 87(l)(c)(iii) all assets and 
F 
liabilities of the Town Improvement Trust shall belong to and be deemed 
to be the assets and liabilities of the Town and Country Development 
Authority established in place of such Town Improvement Trust. 
[355"F-G[ 
3. The power of disposal of lands, buildings and other developmental G 
works indisputably vests in the Town and Country Development Authority 
i.e. the Jabalpur Development Authority (JOA). It has not been informed 
as to whether any regulation has been framed by the authority for 
regulating the procedure for disposal of developed lands, houses, buildings 
and other structures. However, the lands in question are developed lands. 
The right to dispose of such lands, therefore, vests in the J DA. Such a right H 
344 
SUPR

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