VIJAY LAXMI SHARMA Vs. RAIPUR MUNICIPAL CORPORATION RDA SECTION
HIGH COURT OF CHHATTISGARH
PRAKASH SHARMA,DEEPAK SHARMA,PREMLATA VASHISHTHA,PUSHPALATA CHATURVEDI,HEMLATA SHARMA,ASHALATA MISHRA,VIJAY LAXMI SHARMA
STATE OF MADHYA PRADESH,BALRAJ SINGH CHOUHAN,AMIT VALECHA,BHARAT VALECHA,GODAWARI BAI,KUNWAR BAI YADU,RAIPUR MUNICIPAL CORPORATION RDA
(1.)THE petitioners filed this petition in the High Court of madhya Pradesh at Jabalpur on 24. 04. 1985 seeking following reliefs:
(a) A writ of and/or in the nature of prohibition do issue, commanding and directing the Respondent No. 1 from handing over possession of 22 building sites/plots described in Annexure -16 to the Respondent No. 3 to 20 or to any other person/persons whatsoever.
(b) A writ of and/or in the nature of mandamus do issue, commanding and directing the respondent No. 1 to reallot 22 building sites/plots better described in Annexure - 16 to the petitioners.
(c) A writ of and/or in the nature of mandamus do issue commanding and directing the respondent No. 1 to handover vacant and peaceful possession of the said 22 building sites/plots in sailendra Nagar Scheme No. 27 to the petitioners.
(d) A writ of and/or in the nature of mandamus do issue calling upon the respondent No. 1 to produce before the Hon'ble court all the original files pertaining to acquisition of 45. 68 acres of land belonging to the petitioners and covered by the Sailendra nagar Scheme No. 27 and also all the files pertaining to the allotment of the said building sites/plots in favour of the respondent No. 3 to 20 so that conscionable justice may be done, by setting aside and/or quashing the allotment of the said 22 building sites/plots in favour of the Respondent No. 3 to 20.
(e) A writ of and/or in the nature of mandamus do issue commanding and directing the Respondent No. 1 to forthwith execute and register proper Indentures of lease in respect of the said 22 building sites/plots in favour of the petitioners. E. 1 That Respondent No. 1 may kindly be directed to deliver the actual physical possession of the plots referred to, in the agreement dated 21. 10. 1992.
(f) A writ of and/or in the nature of mandamus do issue, commanding and directing the Respondent No. 1 to forthwith refund and/or pay the said sum of Rs. 2,94,676/- to the Petitoners alongwith accrued interest due thereon at the rate of 24% from the date of acquisition of the petitioners' lands comprised in the said scheme till the date of actual refund, which amount has been illegally and wrongfully retained and withheld by the respondent no. 1 during all these years.
(g) Alternatively, a writ of and/or in nature of mandamus do issue commanding and directing the respondent No. 1 to act in accordance with the said Act and the Rules framed thereunder for purpose of disbursement of compensation payable by the respondent no. 1 to the Petitioners for the acquisition of their 45. 68 acres of land covered by the Sailendra Nagar Scheme No. 27.
(h) Rules NISI in terms of prayers (a) to (g) above. (i) An Injunction do issue restraining the respondent No. 1 from giving and/or any further effect to the allotment orders passed by the Respondent No. 1 in favour of the Respondent No. 3 to 20 and/or from taking any steps in connection thereto and/or from handing over possession of the said 22 building sites/plots to the respondent No. 3 to 20. (j) Ad-interim orders in terms of prayer (i) above. (k) Cost of and/or incidental to this petition be paid by the respondents to the petitioners and (l) Such further or other order/orders be made and/or direction/directions be given as to this Hon'ble Court seem fit and proper and for which act of kindness and benevolence on the part of the Hon'ble Court, the petitioners shall, as in duty bound, ever pray. "
(2.)THE indisputable facts, in brief, are that the petitioner No. 1, being the legal heir of the original petitioner, who was the widow of Late Shri Ram Gopal Sharma was brought on record during the pendency of this petition. The petitioner No. 2 and 3 are the sons and the petitioner No. 4 to 7 are the daughter of Late Shri ram Gopal Sharma, who died intestate at Raipur on 22. 09. 1984. The respondent No. 1 developed several housing development schemes. One of them was Shailendra Nagar Scheme No. 27 in the beginning of the year 1977. The respondent No. 1 selected a parcel of land admeasuring 102 acres in Tikrapara Ward, in the city of Raipur. 45. 68 acres of land belonging to Late Shri Ram Gopal Sharma, his two sons i. e. petitioner No. 2 and 3 and daughters petitioner No. 4 to 7 situate in Khasara No. 293, P. C. No. 114, R. I. Circle raipur, Block Dharsiwa, Tehsil and District Raipur. The respondent no. 1 in accordance with its policy offered building sites/plots under the said notified scheme to the owners of the land affected by the said scheme, besides the payment of compensation in accordance with Section 56 of the Madhya Pradesh Nagar Tatha Gram nivesh Adhiniyam, 1973 (hereinafter referred to as 'the Act, 1973' ). The then Chief Executive Officer in his notings dated 09. 10. 1978 in the file observed that the land admeasuring 17. 02 acres under the ownership of Shri Ram Gopal Sharma was to be acquired wherefor a sum of Rs. 20,000/- per acre was payable (under protest) as a part-payment and a sum of Rs. 1,97,525/- was decided to be paid as an advance. The lands in dispute belonging to the petitioner No. 2 and 3, the sons of Late Shri Ram Gopal sharma and other petitioner were also acquired on the same terms under agreements of sale. It was agreed to hand over the possession of the land in dispute under their ownership vide notings dated 7. 7. 1978 in the file (Annexure 1 to 7 ). The petitioners were thereafter required to pay development charges for the proposed allotted buildings sites/plots at the rate of Rs. 1. 75 per sq. ft. to the respondent No. 1. The respondent No. 1 in its notings in the file contained from Annexure 1 to 7 decided to allot building sites/plots bearing No. D 293, 294, 295, 312, 297, 298 to late Shri Ram Gopal Sharma, No. D 247, 248, 249, 250 to the petitioner No. 2, D 251, 252, 253, 254 to petitioner No. 3, C3, c4 to petitioner No. 4, C 21, C 22 to the petitioner No. 5, C 19, c 20 to petitioner 6, and C 17 and C 18 to the petitioner No. 7, in the said scheme. Accordingly, agreement of sale of land was executed between the petitioners and the respondent No. 1. In one of the agreement of sale of land, it was provided as under:
"4. Whereas the parties to the said agreement have agreed that the consideration payable for acquiring the aforesaid land will be the amount that may be settle by the state Govt. under the provisions of the Land Acquisition Act, 1894 (1 of 1894)
6. That in pursuance of the agreement the purchaser has paid Rs. 41742. 50 (Rs. Forty One thousand seven hundred forty two and paise fifty only) after adjustment of development charges towards part payment at the offered of Rs. 20,000. 00 per acre of the consideration that may be settled as agreed toabove. 7. That an settlement of the consideration as may ulternately be settled as per award under the provisions of the land Acquisition Act, 1894, the seller will be entitled only to receive the balance of such amount after deducting the amount already received by the seller from the purchaser as stated above. "
(3.)AGREEMENTS of exchange (Annexure 9) was also executed between the parties. In one of the exchange agreements, it was, inter alia, provided as under:
"6. WHEREAS the party of the first part give to party of the second part plot NO. D-247 to 250 and party of the Second party agrees to hand over possess of his land Kh. No. 293/ to Party of the first part and has paid the development cost as follows:-Rs. 12,000. 00 Adjusted by way of compensation. 7. WHEREAS the parties hereto have agreed to exchange the said plots described in Schedule. "