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2022 Supreme(Chh) 351

ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Priyadarshani Grah Nirman Sahkari Samiti Maryadit – Appellant
Versus
State of Chhattisgarh, through Principal Secretary, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Himanshu Pandey, Advocate.
For the Respondents:Mr. Jitendra Pali, Dy. Adv. General, Mr. Sandeep Dubey, Advocate, Mr. Pankaj Agrawal, Advocate.
For the Intervener :Mr. Sushobhit Singh, Advocate and Ms. Juhi Angoria, Advocate

JUDGMENT

Parth Prateem Sahu, J.

1. Challenge in this appeal is to the order dated 23.03.2022 passed in WPC No. 3528/2021, whereby learned Single Judge dismissed the writ petition filed by appellant.

2. Facts relevant for disposal of this appeal are that appellant is a registered Co-operative Society bearing Registration No. 116 dated 03.05.1985, was having ownership rights over the land bearing khasra Nos. 377/1, 377/2, 377/3, 378/1, 378/2, 378/5 and 378/7 situated at Mauja: Tikrapara, P.H. No. 114, Tahsil and District Raipur, Chhattisgarh. The Respondent 5/Raipur Development Authority ( in short “RDA”) implemented a housing plan known as Katora Talab Scheme-16 on land in Raipur, including 1.382 hectare of land owned by appellant society. One conveyance deed dated 16.06.1994 was executed between Respondent 5/ RDA being party No. 1 and appellant-Society being party No. 2. As per conveyance deed, 40% of total land, precisely 36 residential plots, are to be transferred after development of the land in exchange of 1.382 hectare of land. The Respondent 5/RDA prepared development plan and after its approval, 36 residential plots including Block A, B and C were handed over to appellant Socie

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