GWALIOR DAIRY LIMITED Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner is a company incorporated under the Companies Act. Initially, it challenged Annexures P/1 to P/4 in the writ petition. By way of amendment, it also challenged the order dt.10.12.2009 passed by the Additional Collector and prayed for restoration of order dt.6.6.2005 passed by the Tahsildar and also prayed a relief that the possession of the land be restored with the petitioner and allotments made during the pendency of Writ Petition be set aside.

(2.) A lease deed of 391.05 acres of land was executed in favour of the petitioner on 1.7.1942 for a period of 25 years. Other parcels of the land of 104 acres was also granted to the petitioner by another lease deed dt.1st May 1943 for a period of 10 years. The lease deeds were executed by Sanitary, Engineering Department of the then Gwalior Government. Period of lease deeds was expired in 1953 and 1967. Then the petitioner filed a civil suit before the court. A compromise was entered into between the government and the petitioner and it was agreed that the petitioner shall pay a rent of Rs.400/- per acre of the land for a period of ten years and in future also. The rent was enhanced to Rs.700/- per acre. The petitioner did not pay the lease rent and on 30.6.1976 an amount of Rs.14,98,365/- was due against the petitioner. Then Additional Collector Gwalior initiated proceeding against the petitioner and vide order dt.1st October 1977 the authority directed the petitioner to hand over the possession, failing which the possession shall be taken. Against the aforesaid order, a Misc. Petition was filed before the High Court, which was registered as Misc.Pet.No.84/1978. High Court allowed the petition vide order dt.20.2.1980 and set aside the order of the Additional Collector dt.1.10.1977.

(3.) ON 15.9.2003, the petitioner company filed an application under Section 158 (3) of M.P.Land Revenue Code 1959 (hereinafter referred to 'Code of 1959') in regard to grant of Bhumiswami rights of the land area 23.735 hectare of survey nos.1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,2 4,25,26, 27,28,29 situate at village Swej Farm, Tahsil and District Gwalior.