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2018 Supreme(MP) 802
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
SANJAY YADAV, S.K. AWASTHI, JJ.
Ashok Kumar Goyal and another - Appellant
Versus
State of Madhya Pradesh and others - Respondent
Writ Appeal No.1084, 1085 of 2017
Decided on : 15-12-2017
Advocate Appeared:
For the Appellant : Shri R.N. Singh, Shri V.K. Bhardwaj, learned Senior Counsel with Shri Arpan J. Pawar, Shri Akshay Pawar, Shri Sajeev Jain & Shri Anand V. Bhardwaj, learned counsel
For the Respondent:Shri Harish Dixit, learned Government Advocate, Shri Raghvendra Dixit, learned counsel
Headnote:
Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam - Land Acquisition - Madhya Pradesh Town Improvement Trust Act 1960 - Nagar Tatha Gram Nivesh Adhiniyam 1973 - [Scheme No.2A, Scheme No.5] - [Section 46, Section 48, Section 51, Section 71] - The court discussed the provisions of the Madhya Pradesh Town Improvement Trust Act 1960 and the Nagar Tatha Gram Nivesh Adhiniyam 1973 in relation to the acquisition of land for Scheme No.2A and Scheme No.5. The court found that the land in question had been vested in the Trust free of any encumbrance and that the petitioners did not have any right, title, or interest over the land. The court also noted the provisions regarding the preparation, publication, and transmission of notice as to improvement scheme, the notice of proposed acquisition of land, and the notification of acquisition and vesting of land in Trust. The court held that the provisions of Section 54 of the Act of 1973 did not get attracted as the Scheme No.2A and 5 had commenced before the assets vested with the Gwalior Development Authority. The court dismissed the appeals.
Fact of the Case:
The case involved the acquisition of land for Scheme No.2A and Scheme No.5 by the Gwalior Development Authority. The land in question had been vested in the Trust free of any encumbrance, and the petitioners did not have any right, title, or interest over the land.
Finding of the Court:
The court found that the provisions of Section 54 of the Act of 1973 did not get attracted as the Scheme No.2A and 5 had commenced before the assets vested with the Gwalior Development Authority. The court dismissed the appeals.
Issues: The issues involved in the case included the validity of the acquisition of land for Scheme No.2A and Scheme No.5, the rights of the petitioners over the land, and the applicability of the provisions of the Madhya Pradesh Town Improvement Trust Act 1960 and the Nagar Tatha Gram Nivesh Adhiniyam 1973.
Ratio Decidendi: The court held that the land in question had been vested in the Trust free of any encumbrance and that the petitioners did not have any right, title, or interest over the land. The court also found that the provisions of Section 54 of the Act of 1973 did not get attracted as the Scheme No.2A and 5 had commenced before the assets vested with the Gwalior Development Authority.
Final Decision: The court dismissed the appeals.
SANJAY YADAV, J.
1. This order shall lead to final disposal of Writ Appeal No.1084/2017 and Writ Appeal No.1085/2017.
2. These writ appeals under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 are directed against the order dated 06.11.2017 passed in Writ Petition No.7861/2011 and Writ Petition No.7862/2011 wherein as noted by learned Single Judge that the controversy and the issue involved being common, one relating to Scheme No.2A and the another Scheme No.5 of the Gwalior Development Authority.
3. The genesis lies in the order dated 14.11.2011 whereby the Chief Executive Officer, Gwalior Development Authority called upon the respective petitioners to hand over the possession of land situated near Gandhi Road at village Gospura bearing Survey Nos.1660 (0.585 hect.), 1661 (0.784 hect.), 1662 (0.428 hect.), 1664 (0.428 hect.); 2159 min. (1.055 hect.), 2161 min (1.494 hect.), 2164 (0.021 hect.), 2165 min (0.282 hect.), 2166 (0.031 hect.) falling within Scheme No.2A. And land bearing Survey Nos. 2167 (0.397 hect.), 2168 (0.031 hect.), 2169 (0.167 hect.), 2172 (0.251 hect.) forming part of Survey No.5, on the ground that the land having been vested in the Town Improvement Trust under Section 71 of the Town Improvement Trust Act 1960 (for brevity “the 1960 Act”) and the Gwalior Development Authority, its successor and that any transaction by private persons was void.
4. Learned Single Judge taking note of the fact that the land in question were notified for the purpose of housing Scheme No.2A and 5 by the Town Improvement Trust vide notification dated 06.09.1963 and with final notification issued on 30.12.1966 under Section 71(1) of 1960 Act the land vested in the Trust free of any encumbrance. And further recording the finding that the then owners of respective land had given their consent in response to notice under Section 48 of 1960 Act; and the proceedings having attained finality in 1963, sale-deeds executed subsequently in favour of respective petitioners did not create any right in them and were not the owner of the property in question. Learned Single Judge observed:-
“15-Town Improvement Trust Gwalior which happens to be the predecessor of Gwalior Development Authority floated a scheme No.2-A behind Mela Ground, Gwalior for development of the area as per the provisions of Act of 1960. At that time, the land in question and the survey numbers which are mentioned in the impugned orders were admittedly under the right, title, interest and possession of some other persons. Those owners in response to the notice under Section 48 of the Act of 1960 appeared before the trust and gave their consent for acquisition of the land. It appears that they agreed to give their land to the Trust and as natural corollary said owners might have received the compensation.
16-After the proceedings were over, land has been disposed of by the said owners to the petitioners and their predecessor. Admittedly, the proceedings under Section 48 of the Act of 1960 have been initiated and concluded in 1963 and the sale deeds which have been annexed by the petitioners as Annexure P/2 are of 1968 and 1969, therefore, it is clear that petitioners were not land owners at the time of publication of scheme (preliminary notification as well as final notification) as well as at the time of acquisition. Once the petitioners were not the land owners of the said property then they cannot claim any right, title or interest over the land in question after fifty years of acquisition. Even if erstwhile owners of the land in question have disposed of the land in question after the declaration/publication of scheme even then the petitioners have no right because the petitioners never participated in the acquisition proceedings initiated under Section 48 of the Act of 1960 by the trust and never submitted their objections, therefore, at this belated stage, petitioners cannot claim any right, title or interest in any ma
