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2022 Supreme(MP) 8

ROHIT ARYA, DEEPAK KUMAR AGARWAL
Ekkisvi Sadi Grih Nirman Sahkari Samiti – Appellant
Versus
State of M. P. – Respondent


Advocates:
K.N. Gupta with Vivek Jain for appellant in W.A. No. 69/2020 and for respondent No. 1 in W.A. Nos. 17/2020 and 16/2020; Raghvendra Dixit for respondents No. 2 and 3 in W.A. No. 69/2020 and for appellant in W.A. No. 17/2020; N.K. Gupta with S.D. Singh for respondents No. 4 and 5 in W.A. No. 69/2020 and for appellant in W.A. No. 16/2020.

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

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