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Judgment
Pranay Verma, J
By this petition preferred under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :-
"(A) That by an appropriate writ, direction or order to the respondent no.1 to issue the denotification/notification as provided under section 48 of the Land. Acquisition Act of 1894 and the respondent no.2 may be directed to issue NOC for grant development permission to the petitioner immediately.
(B) Any other appropriate relief which this Hon’ble Court deems proper and fit in the circumstances of the case be granted in favour of the petitioner."
Learned counsel for the petitioners submits that by letter dated 22/2/2023 (Annexure P/7) the Indore Development Authority had itself written to the State Government for denotifying the land of the petitioners. It is submitted that despite lapse of a period of almost two years the de-notification has not been issued. It is pointed out that in similar circumstances by order dated 25/11/2024 passed W.P.No.5302/2014 ( Shilpa Grihnirman Sahakari Samiti Maryadit V/s. State of M.P. & Others ) this Court has directed the State Government to issue the de-notification under Section 48 of the Land Acquisition Act, 1894. It is hence submitted that necessary order be passed in favour of the petitioners also.
Learned counsel for the respondents/State has submitted that appropriate action in the matter in accordance with law would be taken.
Thus in the available facts of the case, it is directed that respondents No.1 to 3 shall duly adverted to and act upon letter dated 22/2/2023 (Annexure P/7) of the Indore Development Authority and shall issue the de-notification / notification as provided under Section 48 of the Act, 1894 within a period of two months from the date of receipt of certified copy of this order in case there is no legal impediment for the same. In case of there being a legal impediment a reasoned and a speaking order in the matter be passed.
With the aforesaid directions, petition stands disposed off.
