KASTHA NIWARAK G S S MARYADIT INDORE Vs. PRESIDENT INDORE DEVLOPMENT AUTHORITY
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
KASTHA NIWARAK G.S.S.MARYADIT, INDORE
PRESIDENT, INDORE DEVELOPMENT AUTHORITY
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Arijit Pasayat, J. -
(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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