Indore bench of Madhya Pradesh High Court on Friday stayed orders issued by the district and civic authorities in connection with Lantern Hotel land case granting relief to MSD Real Estate LLP. The company had moved court after Indore Municipal Corporation (IMC) had claimed that it was the titleholder of the land in question and the proceedings have been initiated under Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam, 1974. After listing to all parties in the case, the court observed that the Maharaja of erstwhile Holkar State had gifted the land to Capt HC Dhanda and his legal heirs continued to be in possession of the land right from the year 1946.
The court noted that there are a number of cases fought before this court in respect of the land in question, whether it was case in respect of building permission, whether it was case for mutation or whether it was case for stamp duty and in most of the cases the IMC and State Government were parties and in none of the case it was stated by the IMC or by the State Government that they are the titleholder of the property.
"This court, as the IMC has gone to the extent in deciding the title suit by passing an executive order which is unheard of and also keeping in view the fact that the petitioner and predecessor in title are in possession of the land for the last 74 years, is of the considered opinion that the petitioner has been able to make out a prima-facie case for grant of interim relief," division bench comprising Justice SC Sharma and Justice Shailendra Shukla noted. With this, they stayed four orders passed by respondents in connection with the land and sought a detailed reply from them in the next four weeks. The next date for the hearing has been set for December 18.
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