Leave granted.
2. Whether the decision of the Government of Madhya Pradesh to allot 20 acres land comprised in Khasra Nos. 82/1 and 83 of village Bawadiya Kalan, Tehsil Huzur, District Bhopal to late Shri Kushabhau Thakre Memorial Trust (for short, "the Memorial Trust")/Shri Kushabhau Thakre Training Institute (Respondent No. 5) without any advertisement and without inviting other similarly situated organizations/institutions to participate in the process of allotment is contrary to Article 14 of the Constitution and the provisions of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short, "the Act") and whether modification of the Bhopal Development Plan and change of land use is ultra vires the mandate of Section 23A of the Act are the questions which arise for consideration in this appeal filed against the order of the Madhya Pradesh High Court dismissing the Writ Petition filed by the Appellant.
3. That facts necessary for deciding the aforementioned questions have been culled out from the pleadings of the parties and the records produced by the learned Counsel for the State. The same are enumerated below:
(i) On 18.6.2004, Shri Kailash Joshi made a written request to the Principal Secretary, Housing Department, Government of Madhya Pradesh (for short, "the Principal Secretary, Housing") by describing himself as a Convenor of the Memorial Trust for reservation of 30 acres land comprised in Khasra Nos. 83, 85/1 and 85/2 of village Bawadiya Kalan, in favour of the Memorial Trust to enable it to establish an All India Training Institute in the memory of late Shri Kushabhau Thakre.
(ii) Although, letter dated 18.6.2004 was addressed to the Principal Secretary, the same was actually handed over to Shri Babu Lal Gaur, the then Minister, Housing and Environment, Madhya Pradesh. He forwarded the same to the Principal Secretary for immediate action. The latter directed that steps be taken for placing the matter before the reservation committee. Simultaneously, letters were issued to Commissioner-cum-Director, Town and Country Planning, Bhopal (Respondent No. 3) and Collector, Bhopal (Respondent No. 4) to send their respective reports.
(iii) Respondent No. 3 submitted report dated 8.7.2004 indicating therein that as per Bhopal Development Plan, land comprised in Khasra Nos. 83 and 85/1 was reserved for residential and plantation purposes and Khasra No. 85/2 was non government land. After going through the same, the Principal Secretary, Housing opined that land cannot be reserved for the Memorial Trust. However, Shri Rajendra Shukla, State Minister, Housing and Environment recorded a note that he had requested the Coordinator of the trust to send a revised proposal to the Government and directed that the new proposal be put up before him.
(iv) In his report dated 26.7.2004, Respondent No. 4 mentioned that land measuring 11.96 acres comprised in Khasra No. 86 and land measuring 22.06 acres comprised in Khasra No. 85/1 (total area 34.02 acres) was Nazool land and the same was recorded in the name of the State Gove........