ROHIT ARYA, DEEPAK KUMAR AGARWAL
Ekkisvi Sadi Grih Nirman Sahkari Samiti – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
Arya, J:- 1. This set of three writ appeals is directed against the impugned order dated 13.12.2019 rendered in W.P. No.19912/2019.
2. The factual matrix involved has a chequered history. The appellant in W.A. No.69/2020 is said to be a Co-operative Housing Society (hereinafter referred to as “the Housing Society”) registered under the M.P. Cooperative Societies Act, 1960. Appellant No.1 Kamal Singh in W.A. No.16/2020 is the owner of land falling in Survey No. 388 admeasuring 20 bigha 6 biswa situated at Village Mau, Tahsil and District Gwalior (for brevity “owner of disputed land”). Appellants in W.A.No.17/2020 are Gwalior Development Authority (for short “the GDA”).
3. Notified Development Scheme was finally published under section 50(7) of the M.P. Nagar Tatha Gram Nivesh Adhiniyam 1973 (hereinafter referred to as “the Adhiniyam of 1973”) known as “Maharajpur Residential Scheme” in Official Gazette on 20.1.1989. Under section 56 of the Adhiniyam, the GDA proceeded to acquire land by way of agreements. Amongst others, the GDA entered into two agreements dated 23.11.1996 and 28.12.1997 with the Housing Society in respect of the notified land situated at Village Mow. The agre
Interpretation of the word “implementation” occurring in Section 54 of the Adhiniyam.
Even though there is no period of limitation for filing petitions under Articles 32 and 226 of the Constitution, the petitioner should approach the Court without loss of time and if there is delay, t....
Court held that land acquisition proceedings are invalid if statutory requirements, such as preparing a housing scheme and addressing objections, are not fulfilled, leading to non-compliance with the....
Acquisition of land for housing requires strict adherence to statutory approval processes to ensure it serves a public purpose, failure to comply invalidates the acquisition.
Land Acquisition - Compulsory acquisition of land - Quash of order – Acquiescence would be a conduct where a party is sitting by when another is invading his rights and acquiescence must be such as t....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.