Land declared surplus under the Urban Land (Ceiling and Regulation) Act vests in the State, rendering any subsequent transfers void, and the principle of 'fraud vitiates all' applies to claims made after such vesting.

ORDER :

1. The present review petition under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 is preferred by the petitioner in respect of judgment dated 09-08-2019 passed in Writ Appeal No.447 of 2016 ( The State of Madhya Pradesh Vs. Ankit Grah Niram Sahkari Sanstha ) whereby the writ appeal preferred by the State of Madhya Pradesh is allowed and the order dated 28-06-2013 passed in Writ Petition No.2972 of 2008 has been set aside. Said Writ Petition No.2972 of 2008 was dismissed with costs. Therefore, this review petition is preferred seeking review of the judgment dated 09-08-2019 passed by learned Division Bench.

2. Precisely stated facts of the case are that one Gulab Chand Sharma S/o Baldev resident of Ohadpur, Gwalior filed a statement under sub- section (1) of Section 6 of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “the Act of 1976”) read with Rule 3 and 9 of the Urban Land (Ceiling and Regulation) Rules, 1976 in respect of the land of his share admeasuring 25.489 hectare in Village Ohadpur, survey numbers of which are referred in the impugned judgment. The competent authority vide order dated 22-09-1989 prepared Draft Statement under Section 8 of the Act of 1976. Holder of land Gulab Chand was found to be holding the land of 1,26,131 square meters in excess, to what he was entitled for under Section 4 of the Act of 1976 i.e. 1500 square meters. Final draft was prepared on 22-09-1989 under Section 9 of the Act of 1976.

3. Land was declared surplus vide order dated 06-12-1989.

4. That under section 10 (1) of the Act of 1976, notification was issued on 31-03-1990 and under Section 10 (3) of the Act of 1976, notification was issued on 24-05-1990. Under Section 10 (5) of the Act of 1976 notice was issued on 19-06-1990, which was duly received by the holder on 10-07-1990.

5. However, in an appeal under section 33 of the Act of 1976, the Appellate Authority by order dated 30-03-1994 set aside the order dated 06-12-1989 and relegated the matter to the Competent Authority for fresh order after affording opportunity of hearing to the holder.

6. Competent Authority on remand, after affording opportunity of hearing to the holder passed fresh order on 29-02-1996, declaring 113621 Sq. Mt. land with the holder as surplus land. The order was served on the holder on 16-03-1996 under acknowledgment, received by him on 23-03-1996. The copy of acknowledgment is on the record.

7. Once again under Section 10 (1) of the Act of 1976 notification was issued on 16-05-1996, which was also displayed on the notice board of the Court of Competent Authority at Collector's Office, Office of Tahsildar Gwalior and at Municipal Corporation, Gwalior. That notification under section 10 (3) of the Act of 1976 was issued vide No.94/88-89 dated 23-08-1996. Thereafter on 27-09-1996 notice under section 10 (5) of the Act of 1976 was issued; whereby, the holder was called upon to hand over vacant possession of land to Nazul Tahsildar, Gwalior within 30 days from the date of receiving the notice, failing which it was ordered that the action will be taken for taking possession. Copy was endorsed to Tahsildar Nazul, Gwalior for his information and necessary action. The copy of the notice, on record, overleaf records service thereof by the process server (okn rkehy is'k % enuflag % 4@11@1996½.

8. That in pursuance to order of Competent Authority in Case No.94/88-89/B-121 the possession of 113621 Sq. Mt. land was taken “Kabja Raseed” on the land reveals that the possession of the same was taken ex parte. The record reveals as noticed supra that the holder also filed