UJWALA RAJE SHAH Vs. VEER CORPORATION

JUDGEMENT

(1.) By this application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the Act' for short), applicant seeks appointment of arbitrator on behalf of the respondent. Some of the relevant facts which emerge from the pleadings filed by both the parties are as under.

(2.) The applicant and her mother princess Sharda Raje Gaikwad were the owners of the land admeasuring 21706 sq. meters situated at Baroda, Gujrat. Sharda Raje passed away on 30th October 2012 leaving behind the applicant as her sole heir. It is the case of the applicant that out of the said land, appx. 4076 sq.mtr. were reserved as free hold by the Gujrat Municipal Corporation Town Planning Scheme Competent Authority and other Authority under Urban Land Ceiling and Regulation Act, 1976 (hereinafter ULCRA for short) which has been repealed. In the year 1995, the respondent approached the applicant and Sharda Raje to develop the property adm. 15980 sq.mts. It is the case of the applicant that negotiations were carried on in Mumbai between the parties. The applicant and Sharda Raje agreed to the respondent developing the said property by constructing the residential complexes thereon under the then applicable provisions of ULCRA. The applicant and Sharda Raje entered into 17 development agreements with the respondent at Mumbai between 2nd March 1995 and 18th March 1995 for development of each of the 17 plots comprising the said property. Parties thereafter entered into supplementary agreements. It is the case of the applicant that she always and continued to remain in exclusive possession of the said property and no possession was parted with in favour of the respondent.

(3.) By letter dated 8th June 1995, the respondent informed Shri Jai Vikram Sinhji that at the instance of the new State Government, the Collector of Baroda had issued show cause notices to most of the land owners and builders/developers who had built houses under Section 21 of the ULCRA. It was stated that it was thus, impossible and unwise to proceed further with the scheme, at least for time being.