KASTHA NIWARAK G S S MARYADIT INDORE Vs. PRESIDENT INDORE DEVLOPMENT AUTHORITY
LAWS(SC)-2006-2-60
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on February 07,2006

KASTHA NIWARAK G.S.S.MARYADIT, INDORE Appellant
VERSUS
PRESIDENT, INDORE DEVELOPMENT AUTHORITY Respondents


Referred Judgements :-

UNION OF INDIA VS. INTERNATIONAL TRADING COMPANY [REFERRED TO]



Cited Judgements :-

GAJENDRA KUMAR PANDEY VS. STATE OF U P [LAWS(ALL)-2006-9-149] [REFERRED TO]
ASSAM SCIENTIFIC INSTRUMENT DEALERS ASSOCIATION VS. STATE OF ASSAM [LAWS(GAU)-2008-6-14] [REFERRED TO]
COMPTROLLER AND AUDITOR GENERAL OF INDIA NEW DELHI VS. BACHCHALAL [LAWS(ALL)-2009-2-20] [REFERRED TO]
VED PAL VS. STATE OF U P [LAWS(ALL)-2009-9-41] [REFERRED TO]
MANOJ KUMAR VS. STATE OF U P [LAWS(ALL)-2009-11-69] [REFERRED TO]
ANIL KUMAR SHAW VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-4-5] [RELIED ON]
KHETPAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2009-4-780] [REFERRED TO]
A RAJARAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2012-9-328] [REFERRED TO]
JIURA ORAON VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-4-1] [REFERRED TO]
MAHENDRA VS. STATE OF U.P. [LAWS(ALL)-2013-12-172] [REFERRED TO]
JITENDRA KUMAR VS. STATE OF U.P. [LAWS(ALL)-2013-7-198] [REFERRED TO]
YADVENDRA SINGH VS. STATE OF U.P. [LAWS(ALL)-2007-12-197] [REFERRED TO]
STATE OF ORISSA VS. SIBA PRASAD SWAIN [LAWS(ORI)-2009-7-48] [REFERRED TO]
COUNCIL FOR ADVANCEMENT OF PEOPLE’S ACTION AND RURAL TECHNOLOGY VS. ARUN SHAH [LAWS(DLH)-2014-8-96] [REFERRED TO]
R G BHATT VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-118] [REFERRED TO]
VASAPPA VENKAPPA HEBASUR AND ORS. VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2014-2-390] [REFERRED TO]
PULGAON COTTON MILLS LIMITED VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LIMITED [LAWS(ET)-2014-4-1] [REFERRED TO]
MANDHANA INDUSTRIES LTD VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LIMITED [LAWS(ET)-2014-4-2] [REFERRED TO]
GLOBAL SOFTECH PVT. LIMITED VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LIMITED [LAWS(ET)-2014-4-4] [REFERRED TO]
MANTRI METALLICS PVT. LTD VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LIMITED [LAWS(ET)-2014-4-6] [REFERRED TO]
PRECISION CAMSHAFTS LTD VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LIMITED [LAWS(ET)-2014-4-7] [REFERRED TO]
PIDILITE INDUSTRIES LIMITED VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LIMITED [LAWS(ET)-2014-6-19] [REFERRED TO]
JAWAHARNAGAR JHOOPDA SAMITTEE MANDAL (OLD RAILWAYLINE) VS. UNION OF INDIA [LAWS(GJH)-2009-1-156] [REFERRED TO]
JAGADANANDA PAL VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2009-9-51] [REFERRED TO]
SHASHI LATA JAISWAL VS. STATE OF U P [LAWS(ALL)-2014-11-321] [REFERRED TO]
YOGESH SHARMA VS. STATE OF U P [LAWS(ALL)-2014-5-470] [REFERRED TO]
SYED SAFAT HUSAIN RIAZVI VS. STATE OF U P [LAWS(ALL)-2014-8-447] [REFERRED TO]
SHEO NARAIN NAGAR VS. STATE OF U P [LAWS(ALL)-2014-8-509] [REFERRED TO]
SUMER SINGH VS. STATE OF U P SACHIVALAYA PRASHASHAN PRIN SCY [LAWS(ALL)-2014-8-521] [REFERRED TO]
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY VS. L.C. CHECHI AND ORS. [LAWS(ALL)-2015-9-243] [REFERRED TO]
STATE OF U P VS. RAJKUMAR SHARMA [LAWS(SC)-2006-3-32] [REFERRED TO]
INDRAMANI PATHAK VS. STATE OF U P [LAWS(ALL)-2010-5-74] [REFERRED TO]
MADHULIKA PATHAK VS. STATE OF U P [LAWS(ALL)-2011-1-129] [REFERRED TO]
KHUSHI LAL VS. FOOD CORPORATION OF INDIA [LAWS(ALL)-2011-2-140] [REFERRED TO]
SHIV RAJ SINGH YADAV VS. STATE OF U P [LAWS(ALL)-2011-5-134] [REFERRED TO]
ANIL KUMAR PACHAURI VS. STATE OF U P [LAWS(ALL)-2011-11-71] [REFERRED TO]
AMAL KUMAR DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-1-40] [REFERRED TO]
PAWAN KUMAR VS. STATE OF U P [LAWS(ALL)-2013-2-134] [REFERRED TO]
GIRJA KISHORE VS. STATE OF U. P. [LAWS(ALL)-2013-9-133] [REFERRED TO]
PREM KUMAR UPADHYAYA VS. STATE OF U P [LAWS(ALL)-2014-1-80] [REFERRED TO]
RAJESH MAHAJAN VS. STATE OF U P [LAWS(ALL)-2013-12-142] [REFERRED TO]
YOGESH KUMAR GUPTA VS. BHARAT HEAVY ELECTRICALS LTD [LAWS(ALL)-2013-10-194] [REFERRED TO]
SHEO RAM DASS CHANDAN LAL VS. FINANCIAL COMMISSIONER AND PRINCIPAL SECRETARY [LAWS(P&H)-2014-4-146] [REFERRED TO]
UDHAM SINGH VS. UNION OF INDIA [LAWS(CA)-2012-10-15] [REFERRED TO]
VALUE INDUSTRIES LIMITED VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD [LAWS(ET)-2014-4-23] [REFERRED TO]
KULWINDER PAL SINGH AND ANR. VS. STATE OF PUNJAB AND ORS. [LAWS(SC)-2016-5-24] [REFERRED TO]
UNION OF INDIA VS. RAVINDRA KUMAR [LAWS(ALL)-2016-4-245] [REFERRED]
KANPUR NAGAR NIGAM VS. U P STATE PUBLIC SERVICES TRIBUNAL LKO [LAWS(ALL)-2016-4-247] [REFERRED]
UNION OF INDIA VS. ABHIJIT PRAKASH [LAWS(PAT)-2016-7-100] [REFERRED TO]
SUSHIL KUMAR SON OF SRINIWAS SHARMA VS. STATE OF JHARKHAND AND ORS [LAWS(JHAR)-2016-6-98] [REFERRED TO]
P CHITHAMBARAM VS. MANAGING DIRECTOR, TAFCORN, KARUR ROAD, MALLACHIPURAM, KAMBARAMPATTI, TIRUCHIRAPALLI AND REGIONAL MANAGER, TAFCORN [LAWS(MAD)-2011-9-410] [REFERRED]
SUNIL KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-6-125] [REFERRED TO]
ALLAHRAKHA RASULBHAI MANSURI VS. VICE CHAIRMAN [LAWS(GJH)-2017-3-341] [REFERRED TO]
MAHMOOD HUSSAIN VS. STATE OF U.P. AND 5 OTHERS [LAWS(ALL)-2018-2-157] [REFERRED TO]
EVER ASSAM TEA PVT. LTD. VS. STATE OF ASSAM [LAWS(GAU)-2018-2-99] [REFERRED TO]
GANGA PRASAD DUBEY S/O RAM DEV DUBEY VS. UNION OF INDIA THRU SECY COMMUNICATIONS POST [LAWS(ALL)-2017-4-341] [REFERRED TO]
SATADAL SAHA GHOSH AND OTHERS VS. THE STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-2018-7-345] [REFERRED TO]
ANIL AGGARWAL VS. H.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY SHIMLA AND ANOTHER [LAWS(HPH)-2017-12-198] [REFERRED TO]
AMITBHAI KARSHANBHAI GAMI VS. FARUKBHAI IBRAHIMBHAI MOTLANI [LAWS(GJH)-2018-6-113] [REFERRED TO]
COMMISSIONER OF MUNICIPAL ADMINISTRATION VS. M. C. SHEELA EVANJALIN [LAWS(SC)-2019-8-94] [REFERRED TO]
S.C.SONI VS. STEEL AUTHORITY OF INDIA LTD [LAWS(CHH)-2019-1-221] [REFERRED TO]
STATE OF ODISHA VS. ANUP KUMAR SENAPATI [LAWS(SC)-2019-9-50] [REFERRED TO]
ATUL KUMAR SINGH VS. STATE OF U. P. [LAWS(ALL)-2019-9-145] [REFERRED TO]
MOHAMMAD HASNAIN RAZA VS. UTTARAKHAND PUBLIC SERVICE COMMISSION [LAWS(UTN)-2019-10-13] [REFERRED TO]
ASHOK KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2019-11-242] [REFERRED TO]
RASHMI SONI VS. INDORE DEVELOPMENT AUTHORITY [LAWS(MPH)-2018-12-137] [REFERRED TO]
JADUNATH SAHU VS. STATE OF ORISSA [LAWS(ORI)-2020-4-9] [REFERRED TO]
RAJESH KUMAR JHANJI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-12-218] [REFERRED TO]
SUNIL DANGI VS. INDORE DEVELOPMENT AUTHORITY [LAWS(MPH)-2018-12-144] [REFERRED TO]
NIKKU RAM VS. SECRETARY SOCIAL JUSTICE AND EMPOWERMENT [LAWS(HPH)-2021-1-18] [REFERRED TO]
ASHOK KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2020-5-86] [REFERRED TO]
KANUBHAI RAMSINGBHAI HATHILA VS. STATE OF GUJARAT [LAWS(GJH)-2021-1-323] [REFERRED TO]
CHITRESWORI KHUNDRAKPAM VS. UNION OF INDIA [LAWS(MANIP)-2021-12-5] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Challenge in this appeal is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court in a Letters Patent Appeal upholding the view of the learned single Judge that appellant is not entitled to benefits flowing from Resolution No. 9 dated 31-1-1986 of the respondent.
(3.)The factual background in a nutshell is as follows : The Indore Development Authority (hereinafter referred to as the Authority) adopted certain guidelines allowing the Housing Co-operative Societies to utilize the land owned by them by making plots for construction of houses for the benefit of their members. The relevant guidelines contained in the Circular dated 31-1-1986 are as follows :
"(1) Only those societies shall be taken into consideration which have got themselves registered as per the law by purchasing the land prior to the publication of the Declaration of Section 50(2) of the Authority in respect of the scheme.

(2) Those societies will also be taken into consideration which have got themselves registered after the publication of the Declaration of Section 50(2) but the application was moved by them before the Competent Authority for obtaining rebate under the Urban Land Ceiling Act prior to the above law.

(3) This will be mandatory for availing the benefit of these facilities that while entering into an advance agreement with the Authority, the Society should hand over the vacant and peaceful possession of the concerned land itself to the Authority. And it will be at liberty to move for revision etc. for enhancing the compensation. With regard to the handing over of the possession if there arises any court case or any other dispute then this facility would not be available. If any tenant or sub tenant or any other person holds the possession of the land then it will be the responsibility of the Society that it should make available the vacant possession to the Authority by removing them from the land. In the event of being not so, this scheme of allotment of land shall not be implemented."

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