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1990 Supreme(MP) 229

B.C.VARMA, D.M.DHARMADHIKARI
HIND GRIHA NIRMAN SAHAKARI SAMITI MARYADIT, JABALPUR – Appellant
Versus
JABALPUR DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
RAVISH CHANDRA AGARWAL, V.S.Shroti

B. C. VARMA, J.

( 1 ) THE Jabalpur Development Authority (respondent No. 1) initiated a housing scheme No. 15. This scheme came into force from 11-9-1984. It embraced lands in village Baitla, district Jabalpur. Before, however, the scheme could be for mulated and finally published, the petitioner, which is a housing co-operative society, had already entered into an agreement with the holders, Smt. Gangubai Gaikwad and others, for development of the land comprised in that scheme. The petitioner, therefore, requested the Jabalpur Development Authority (hereinafter referred to as the 'j. D. A. ') to release only that part of the land from the scheme No. 15, in respect of which the petitioner had entered into an agreement with Smt. Gangubai. After some negotiations, the J. D. A. agreed that in lieu of cash price to be paid as compensation for acquisition of the land to Smt. Gangubai it shall lease out an area to the extent of 20 per cent of the plots in favour of Smt. Gangubai or her nominee. The total area to be so leased out comes to 1,08,028 sq. ft. Further, by an agreement dated 22-9-1983, the J. D. A. entered into an agreement with the petitioner-society to permit it to carry deve









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