IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 6125 of 2014 HEERA LAL AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS -------------------------------------------------------------------------------------------------------------

Appearance:

Shri Kamal Kumar Jain – Advocate with Shri Narottam Sharma – Advocate for the petitioners.

Shri Sanjay Singh Kushwahaa – Government Advocate respondents/State.

Shri Ruchil Jain and Shri Upendra Yadav – Advocates for proposed Intervenors.

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Reserved on : 03.02.2026 Pronounced on : 09.02.2026 -------------------------------------------------------------------------------------------------

ORDER

1. With the consent of the parties, the matter is finally heard.

2. The instant writ petition under Article 226/227 of the Constitution of India claims following reliefs:-

"(i). That the order annexure P/1 be held to be not enforceable in view of enforcement of the Repeal Act as possession has not been taken away and the entire proceedings under Act 1976 may be quashed by virtue of operation of Repeal Act.

(ii). If it is held that there was a valid vesting of land under Ceiling Act, in that case, the respondents be directed to pay compensation under Section 11 with interest @ 12% p.a. from date of order annexure P/1 till payment.

(iii). Any other relief deemed fit in the facts and circumstances of the case doing justice in the matter including costs be also awarded."

3. The brief facts leading to filing of the present writ petition are as under:-

3.1. The proceedings in respect of land bearing Survey No.470/1 situated at Purani Chhawani, Gwalior, under the provision of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “the Act of 1976”) were initiated against the original owner namely late Shri Lal Singh Kushwaha and an order dated 17.03.1983 (Annexure P/1) was passed by the Competent Authority, whereby 5928.85 square meters of land was declared surplus. Thereafter, the proceedings under Sections 10 (1), 10 (3) and 10 (5) of the Act of 1976 were said to be undertaken by the respondents, and in terms of Section 10 (6), the ex-parte possession of land was taken by the respondents on 21.12.1989. It has been contended by the petitioners that since possession of land is still with them, therefore the proceedings stood abated after enforcement of the Repeal Act; hence, the present petition is filed for reliefs as stated hereinabove.

4. Learned counsels appearing for the petitioners submit that the petitioners are the legal heirs of late Shri Lal Singh Kushwaha and are still in possession in land in question. They submit that the notice under Section 10 (5) of the Act of 1976 was never served on late Shri Lal Singh Kushwaha and possession of the land in question was never taken over from the original landholder. The respondents authorities have only prepared the documents for taking over the possession which is nothing but a paper possession of land in question. They further submit that records do not reflect taking over forceful possession of land by issuing notice in terms of Section 10 (6) of the Act of 1976. They further submit that even if for the sake of arguments, it is accepted that due possession of the land was taken over from the original landholder, then also, till date the compensation has not been paid and therefore, now by virtue of enforcement of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as the Repeal act of 1999) as adopted in the State of Madhya Pradesh with effect from 17.02.2000, the petitioners are entitled to retain the possession of the land in question, and the entire proceedings deserve to be quashed for non-

compliance of the provision of the Act of 1976 and accordingly revenue records deserve to be corrected.

5. In support of their contentions, learned counsels appearing fo