JABALPUR DEVELOPMENT AUTHORITY Vs. K Y TELANG

JUDGEMENT

(1.) This order shall also dispose of L.P.A. No. 218/2000 as both the appeals impugn the order dated 7-3-2000 passed by learned single Judge, in Writ Petition No. 3854/97, whereby the petition has been allowed with directions to the appellant-Jabalpur Development Authority (for short 'the J.D.A.') to take consequential steps in the light of promise to execute a sale deed in respect of disputed land admeasuring 720 sq. fts., said to have been allotted to the writ petitioner (respondent No. 1 herein), in accordance with law on his compliance of necessary conditions.

(2.) The said piece of land admeasuring 720 sq. fts. seems to have been allotted to the respondent No. 1 at a rate of Rs. 6/- per sq. ft. as per letter dated 12-10-1988 and, he is said to have deposited the price amount of Rs. 4320/-, on demand by the J.D.A. Therefore, he (the respondent No. 1) contends that the J.D.A. is under obligation to execute a lease deed in his favour, which, but for injunction in Civil Suit No. 477-1 / 94 filed by Smt. Vimla Devi Naik (respondent No. 2) and Ku. Sweta Singhai (respondent No. 3) would have been executed in 1988 itself. It is also said that the Respondent Nos. 2 and 3 are equally interested in the disputed land being adjoining to their plots but they could not succeed in civil litigation.

(3.) As regards a brief background of the case, plot No. 4/1, being a part of Khasra No. 328/2, having an area of 3797 sq. fts. situated in village Hinotiya in the District of Jabalpur was purchased by the respondent No. 1 on 7-2-1963. The Jabalpur Town Improvement Trust, predecessor of the J.D.A., acquired the said land under relevant provisions of the M.P. Town Improvement Trust Act, 1960 for scheme No. 11. The land being free from all encumbrances was vested in the trust sometime in 1978. The trust, in lieu thereof, agreed to lease out the plot No. 635 having an area of 3900 sq. fts. without development cost, to the Respondent No. 1, who was asked to pay for excess land of 103 sq. fts. at the rate of Rs. 6/- per sq. ft. as the land under acquisition was-only 3797 sq. fts. in area whereas the plot allotted to him was larger in size by a difference of 103 sq. fts. A lease deed in respect of the allotted land was executed and registered in favour of the respondent No. 1 on 29-7-1978 and thus, the said transaction stood concluded.