(DELIVERED ON THIS 27^th DAY OF JANUARY 2022)

PER ARYA,J

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

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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 agreement dated 23/11/1996

was entered into in respect of land falling in Survey Nos. 858/2

min admeasuring 5 Bigha, 850/1 min admeasuring 7 bigha, total

12 bigha 4 biswa, whereas agreement dated 28/12/1997 was in

respect of lands falling in Survey No.858 Min area 1 bigha,

Survey No.386 min area 13 bigha 13 biswa, Survey No.412/1 area

2 bigha, Survey No.498 area 2 bigha 6 biswa, 373/2 area 2 bigha 9

biswa, Survey No.388 admeasuring 20 bigha 6 biswa, Survey No.

375 area 4 bigha 10 biswa, Survey No.374 area 0.10 biswa,

Survey No. area 09 total area 47 bigha 3 biswa.

4.

As such, under the agreement dated 23/11/1996, 12 bigha

and 4 biswa and under agreement dated 28/12/1997, 47 bigha 3

biswa, total 59 bigha 7 biswa of land was surrendered. For the

purpose of disposal of these appeals, the land falling in Survey

No.388 admeasuring 20 bigha 6 biswa under the agreement dated

28/12/1997 is relevant (hereinafter referred to as the “disputed

land”).

5.

On 24/12/1997, the Housing Society entered into an

agreement to sell with Kamal Singh (appellant no.1 in W.A.

No.16/2020) in respect of the disputed land. Thereafter, on

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28/12/1997, a tripartite agreement was entered into between the

Housing Society, owner of disputed land and other owners of

different lands of different survey numbers falling within the

scope of notified scheme on one side and GDA on the other side.

It was agreed thereunder to allot 25% of plots out of the total

developed area from the surrendered land to the Housing Society.

During the period 29/6/1998 to 2/6/2000, developed plots

comprising area 3216 square meters and 11886 square meters were

allotted to the Housing Society.

6.

It appears that with the passage of time as the land prices

increased, some dispute arose between the Housing Society and

owner of disputed land. According to GDA, an application dated

24/5/2017 was received supported by an affidavit of President of

Society dated 19/5/2017, to exclude the disputed land

admeasuring 17 bigha 6 biswa from the tripartite agreement. On

25/9/2018, the GDA replied and expressed its inability to release

Survey No.388 area 17 bigha 6 biswa out of total area of 20 bigha

6 biswa for the reason that the Housing Society had already

received possession of the developed plots more than its

entitlement to the extent of 8190 square meter. It was also stated

thereunder that 3 bigha land out of Survey No.388 had already

been released in the shape of developed plots to the Housing

Society. The value thereof, as per Collector guidelines,was