MP HC | Willingness to give land should be shown in accordance with the law

Madhya Pradesh High Court: This petition was filed before the Bench of Prakash Shrivastava, J., where the party had shown his willingness to give land under Section 56 of the Nagar Tatha Gram Nivesh Adhiniyam.

Facts of the case were such that land of petitioner was included in the Scheme published under Section 50 (7) of the Nagar Tatha Gram Nivesh Adhiniyam. It was submitted that the petitioner was willing to give land under Section 56 of the Act, but the respondent had not acted upon it.

Aviral Vikas, Counsel on behalf of respondent had submitted that an application which was filed earlier under Section 56 by Lotus Buildinafra P. Ltd. could not be considered as it was not the owner of the land in question. Further, a notice under Section 56 was issued to the petitioners but the same was challenged under Section 50 (7) instead of filing reply to it. Counsel pleaded that if petitioner files an application under Section 56 of the Act then the same will be considered by the petitioner.

High Court permitted petitioner to file an appropriate application under the relevant provision of the Act before the respondent. And the same should be considered and decided by respondents in accordance with law. [Kanhaiyalal v. Chief Executive Officer, 2019 SCC OnLine MP 447, dated 12-03-2019]

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