Court Orders State to Grant Development Permission to M.G.R. Developers, Citing Violation of Article 14
In a significant ruling, the Madhya Pradesh High Court, Indore Bench, has quashed the rejection of development permission for M.G.R. Developers, labeling the decision as arbitrary and violative of Article 14 of the Indian Constitution. The judgment, delivered by Justice Himanshu Joshi, mandates the state authorities to grant the necessary development permissions for the proposed residential colony "Vimal Shri Aangan" in Indore.
The petitioner, M.G.R. Developers, a partnership firm, had sought to develop a residential colony on land in village Chitkana, Indore. Despite fulfilling all statutory requirements, including obtaining diversion orders and coloniser registration, their application for development permission was rejected by the state authorities. The rejection was based on awaiting directions from the State Government and the alleged need for a fresh Town and Country Planning (T&CP) sanction.
The court held that the rejection of the application was arbitrary, as neither the Madhya Pradesh Gram Panchayat (Development of Colonies) Rules, 2014, nor any governing circulars stipulated that development permissions should be withheld pending state directions. The court emphasized that a statutory authority cannot refuse to exercise its jurisdiction on such pretexts unless expressly mandated by statute.
Furthermore, the court highlighted the doctrine of legitimate expectation, noting that once statutory permissions were granted, the petitioner had a legitimate expectation for their application to be considered fairly. The arbitrary rejection frustrated this expectation without lawful authority.
Justice Joshi also pointed out that the issue was covered by a previous judgment of the court, which had declared similar grounds for rejection as illegal. The court stressed the importance of judicial discipline and the need to follow binding precedents unless distinguishing features are present.
In conclusion, the court directed the state to assess the development fees and grant the necessary permissions within 30 days, ensuring adherence to the principles of fairness and non-arbitrariness.
Bottom Line:
Rejection of development permission solely on the ground that directions from the State Government are awaited is arbitrary and violative of Article 14 of the Constitution when statutory rules and governing circulars already hold the field.
Statutory provision(s): Article 14 of the Constitution of India, Madhya Pradesh Land Revenue Code, 1959, M.P Gram Panchayat (Development of Colonies) Rules, 2014
M.G.R. Developers v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2837436
