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THE HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
(DIVISION BENCH)
Writ Appeal No.69/2020
Ekkisvi Sadi Grih Nirman Sahkari Samiti ….. Appellant
Versus
State of M.P. & Others
….. Respondents
Writ Appeal No.17/2020
Gwalior Development Authority & others
..... Appellants
Versus
Ekkisvi Sadi Grih Nirman Sahakari Samiti ….. Respondents
& others
Writ Appeal No.16/2020
Kamal Singh & another
..... Appellants
Versus
Ekkisvi Sadi Grih Nirman Sahakari Samiti ….. Respondents
& others
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CORAM
Hon. Mr. Justice Rohit Arya
Hon. Mr. Justice Deepak Kumar Agarwal.
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Presence
Shri K.N.Gupta, Senior Advocate with Shri Vivek Jain and
Shri Sarvesh Sharma, Advocates for the appellant in W.A.
No.69/2020, respondent no.1 in W.A. Nos. 17/2020 and 16/2020
Shri Raghvendra Dixit, Advocate for respondent nos. 2 and
3 in W.A. No.69/2020 and appellant in W.A. No.17/2020.
Shri N.K.Gupta, Senior Advocate with Shri S.D.Singh,
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Advocate for respondent nos. 4 and 5 in W.A. No.69/2020 and
appellants in W.A. No.16/2020.
Shri
D.D.Bansal,
Government
Advocate
for
respondents/State.
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J U D G M E N T
(DELIVERED ON THIS 27th 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
