ORDER

With the consent of the parties, the matter is heard finally at the stage of admission.

2. This writ appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed challenging the order dated 10.01.2024 passed by the learned Single Judge in Writ Petition No. 26515 of 2023, whereby the condition mandating the respondent to get the decree registered is set aside and the appellant is directed to consider the application of the petitioner for registration under Section 5 of the Real Estate (Regulation and Development Act), 2016.

3. Facts in brief are that the respondent Skye Earth Developers (P) Ltd., through its authorized signatory filed an application of ID No. 287182176506 dated 12.07.2023 (Annexure-P-16), for registration of the project “Skye Florence” under Section 5 of the Real Estate (Regulation and Development Act), 2016 before the writ appellant, the application of the respondent was rejected mentioning the non-compliance of mandatory requirement as mentioned in Paragraph-5 of the order including the non- registration of the decree dated 23.11.1994 passed by the 12th Additional District Judge, Indore in Civil Appeal Nos. 12 and 13 of 1994. The decree were passed in favour of Anwar S/o Sardar Patel regarding Survey No. 218/3 area 1.263, 218/4 area 1.263 acre declaring him the Bhoomi Swami of the land situated at village Nepaniya Tehsil and District Indore and the decree of permanent injunction was also passed and similarly a decree in Civil Appeal No. 12 of 1994 was passed by 12th Additional District Judge, Indore vide judgment dated 23.11.1994 in favour of Hanif, S/o Sardar Patel the land of Survey No. 218/1 area 1.267 acres and 218/2 area 1.267 acre declaring him the Bhoomi Swami of land and decree of permanent injunction was also passed. The respondent in writ appeal entered into a joint agreement on 02.12.2021 with the land owners ie Hanif and Anwar and obtained all statutory sanctions such as lay out plan from the Town and Country Development Planning, from the Municipal Corporation, diversion from the Revenue Department and all NOCs have been obtained from the concerned Regulatory Departments. However, application for registration of the Project of the respondent “Skye Florence” was rejected vide order dated 03.10.2023 (Annexure-P-16) on certain grounds.

4. The present writ appeal has been preferred on the following grounds :-

“a).

The Civil Courts decree has not declared any pre- existing right, rather new rights in immovable properties have been created by virtue of the concessions/admissions recorded. In such a situation, contending that no compulsory registration of the decree is required means only and only that there is a conscientious and clever attempt to frustrate the provisions of the Registration Act of 1908.

b).

Bhoop Singh Vs Ram Singh Major, (1995) 5 SCC 709 prescribes valid law and merely because Khushi Ram and others Vs. Nawal Singh and others, 2021 SCC online SC 128 is a judgment at a later point of time does not mean that a selective reading of Khushi Ram (supra) would prevail over Bhoop Singh case (supra). It is so because Khushi Ram Case (supra) is not providing any new law rather it is only affirming the law provided in Bhoop Singh case (supra) and other similar judicial pronouncements.

c).

Civil Court's decree is a collusive one. It is collusive for the purpose of obviating compulsory registration. Just because registration fee for the Agreement dated 02.09.2021 has been paid does not ipso facto mean that no compulsory registration of the Civil Court's decree is required. The nature of Agreement dated 02.09.2021 and the number of parties involved therein are contrastingly different from the nature of the Civil Court's decree. In the former, there is an agreement to develop immovable property whereas the latter involves an attempt to settle dispute in a