TMI Blog2010 (7) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.04.2008 passed by the Nazul Officer rejecting the application moved by the Respondent-Nerbudda Valley Refrigerated Products Company Pvt. Ltd. (hereinafter referred to as the Company ) for the grant of No Objection Certificate (NOC) to raise constructions on the leased land after changing the land use from industrial purpose to commercial purpose, the State of Madhya Pradesh has filed appeal arising out of S.L.P.(C) No. 35734 of 2009. Pursuant to the order of the High Court, the respondent- Company alleging that though the Nazul Officer passed an order, has not granted NOC and disposed of the same not in accordance with the Circular of the State Government, filed a Contempt Petition (C) 173 of 2009 before the High Court. By order dated 13.10.2009, the High Court after finding that the Nazul Officer has dealt with the matter beyond the Circular dated 14.02.1966 of the State Government and not followed its earlier order, directed him to personally present before the Court on 27.10.2009 to explain his misconduct in passing such order. Questioning the said order, the State of Madhya Pradesh has also filed SLP (C) 35732 of 2009. Since both the orders of the High Court relate to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dustry, trade and commerce. The said award was challenged by the appellant-State in Misc. Appeal No. 166 of 1988 before the High Court of Madhya Pradesh and the High Court upheld the award passed by the Arbitrator on 03.07.1985. Pursuant to the said order of the High Court, the appellant-State renewed the lease deed for 3.82 acres of land for a period of 30 years commencing from 1969 to 1999 in favour of the respondent. The Government of Madhya Pradesh, vide its letter dated 04.05.1999, permitted the respondent-Company to change the use of leased land from industrial purpose to commercial or residential purpose on payment of lease rent, as payable on the land used or changed for commercial or residential purpose, as per the commercial rate assessed according to the rules and regulations and also directed the Collector, District Bhopal, to recover the said rent as per the rules and regulations. 6) The appellant-State again renewed the lease deed for 3.13 acres of land for 30 years from 14.03.1999 to 13.03.2029 in favour of the respondent-Company. Vide letter dated 16.01.2004, the appellant-State permitted the respondent-Company to change the use of leased land from industrial pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the preliminary objection that the writ petition is not maintainable as alternative remedy was available to the respondent under Section 18 of the Revenue Book Circular. In spite of the said objection, by order dated 26.09.2008, the High Court directed the respondent- Company to submit the documents and information sought for by the Nazul Officer and also directed the Nazul Officer to decide the application of the respondent for grant of NOC by passing a speaking order. In the same order, the High Court directed the Nazul Officer to consider only the circular dated 14.02.1966 and the Arbitration Award while deciding the application for NOC. Again, the Nazul Officer asked certain documents and sought for information from the respondent-Company and after hearing the respondent the Nazul Officer, by order dated 02.02.2009, rejected the application for grant of NOC. Questioning the said order, the respondent preferred Contempt Petition (C) No. 173 of 2009 before the High Court. The High Court, on 13.10.2009, while issuing notice in the Contempt Petition, observed that the Nazul Officer is trying to frustrate and circumvent the directions issued by the High Court directing him to explai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , religious, educational or any other specified purposes, the grant should be subject to the following conditions in addition to any other that may be prescribed:- (1) that the property shall be liable to be resumed by Government; (a) if it is used for any purpose other than that specified; or (b) in the case of buildings, if they are allowed to fall into disrepair; (2) that the property should be at any time resumed by Government, the compensation payable shall in no case exceed- (a) the amount paid to Government by the local body less depreciation on buildings, if any, calculated in accordance with Paragraph 3.036 of Chapter III- Buildings for the period during which the property was in charge of the local body or the present value of the property, whichever is less; (b) the cost or present value, whichever is less, of any buildings or other works constructed on the property by the local body. 12) A perusal of the order of the Nazul Officer shows that grant of NOC depends upon various factors and fulfillment of certain conditions. It is also not in dispute that the said officer is better equipped with to decide the application for grant of NO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the case, normally the High Court should not interfere if there is an adequate efficacious alternative remedy. If somebody approaches the High Court without availing the alternative remedy provided the High Court should ensure that he has made out a strong case or that there exist good grounds to invoke the extraordinary jurisdiction. 13) There is broad separation of powers under the Constitution between three organs of the State, i.e., the Legislature, the Executive and the Judiciary. It is also well established principle that one organ of the State should not ordinarily encroach into the domain of another. Even if the order of the first authority, in the case on hand, Nazul Officer, requires interference, it is for the appellate authority to look into it and take a decision one way or the other and it is not an extraordinary case which warrants direct interference by the High Court under Art. 226. It is relevant to note that the Nazul Officer has adverted to a relevant fact that the Government, while renewing the lease of 3.13 acres of land from 14.03.1999 to 13.03.2029 in favour of the respondent-Company, permitted it to change the use of leased land from industrial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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