VidhiSangh

Supreme Court of India · 03/03/2023

INDORE DEVELOPMENT AUTHORITY versus BURHANI GRIH NIRMAN SAHAKARI SANSTHA MARYADIT SNEH NAGAR AND OTHERS

[2023] 2 S.C.R. 84 · 2023 INSC 200

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Summary

The Indore Development Authority published Town Development Scheme No. 97 in June 1984 under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, negotiated with landowners, and within three years asked the State to acquire the land, after which an award was made in 1991. The Madhya Pradesh High Court quashed the scheme as lapsed under Section 54 and the acquisition for want of delegation under Section 5A of the Land Acquisition Act, 1894 and for discriminatory release of large areas. The Supreme Court allowed the Authority's appeals: Section 54 speaks of failure to 'commence implementation', which substantial steps within three years satisfy; the Collector, delegated powers under Sections 4, 5, 6 and 17 and himself the Collector under Section 3(c), validly heard objections; and the releases were for valid reasons and left the scheme's integrity intact.

Issues

  1. Whether a town development scheme lapses under Section 54 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 if it is not fully implemented within three years of final publication, or only if no substantial steps towards implementation are commenced within that period.
  2. Whether acquisition proceedings are vitiated because the State's delegation order to the Collector did not expressly mention Section 5A of the Land Acquisition Act, 1894.
  3. Whether release of parts of the scheme land from acquisition rendered continuation of the acquisition against the remaining owners discriminatory under Article 14.

Provisions considered

Held

Result

Appeals allowed without costs; Madhya Pradesh High Court Division Bench judgment dated 28.08.2014 and the Single Judge's judgment dated 10.12.1998 declaring Scheme No. 97 lapsed under Section 54 of the Adhiniyam and quashing the acquisition proceedings set aside.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 84.