MAA KAILA DEVI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have filed this petition against the demolition of their property. The petitioners further prayed for delivery of possession of the property, which has illegally been demolished and also compensation on account of illegal demolition of their property. The petitioner is a partnership firm registered under the provisions of Indian Partnership Act, 1932. It purchased the property vide five sale-deeds, copies of the same have been filed along with the petition as Annexure P/6 collectively from Ashok Dattarey Joshi, Smt. Anuradha, Dusyant, Devyani Joshi, Avinas Dattarey Joshi, Smt. Smita Avinas Joshi, Ravi Avinas Joshi, Shrikant Avinas Joshi. All the sale-deeds were executed by the aforesaid persons in favour of the petitioner partnership firm on 31/3/2006 in regard to different area and different consideration. In the first salethe consideration is of Rs. 53.00 lac and the area is 75'9''x 61'2''=4632 square feet, in the Second sale-deed the consideration is of Rs. 35.00 lacs and the area is 75'9''x 76'11'' and 21'x 6'10''=3057 square feet, in the third saledeed the consideration is of Rs. 53.00 lacs and the area is 33'2''x 129' and 12'9''x 26'=4609 square feet. Similarly in the other two sale-deeds the consideration are of Rs. 32.40 lacs and Rs. 44.50 lacs and the area are 25'x82'9'''=2068 square feet and 25'x155'= 3875 square feet. The sale-deeds are dated 31st March, 2006. After purchase of the property, the name of the petitioner firm was mutated in the record of Municipal Corporation. The petitioners also constructed some shops after dismantling the old construction. However, major portion of the construction which was at the time of purchase remained as it is. The property is situate at Jayendraganj, Lashkar, Gwalior at Survey No. 635. The total area of the survey number No. 635 is 2.163 hectares.

(2.) In the Municipal records of Municipality Gwalior for the Samvat 1968, the name of the owner of the land of the property was recorded as Ramchandra s/o Gangadhar Joshi, since then, the entry had been continued. The property tax was also paid by the family members of Joshi family to the Municipal Corporation. The competent authority registered a case vide case No. 29/79-80/ under Section 20B of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called as 'the Urban Land Ceiling Act') against Mr. Dattarey Joshi and family members. Before the competent authority, Joshi family pleaded that they were owners of the house and property, it was received by them as an ancestral property, it was registered in the name of Dattarey Ramchandra Joshi and subsequently the family members; Ashok and Avinas, who were sons of Dattarey Joshi and his wife Smt. Sushila and daughters Sheela, Nilima, Kumari Swati inherited the property. On the basis of the aforesaid pleadings, the competent authority held that all the family members were owners of the property and it was less than 460.072 square meter in the name of each family member, hence, it is within the ceiling limit. Consequently, the Urban Land Ceiling proceedings were dropped vide order dated 21/01/1980, copy of the order has been filed as Annexure P/3 along with the petition.

(3.) After purchase of the property by the petitioner firm, the Collector stamps initiated proceedings against the petitioners firm in regard to under valuation of the property at the time of registration. The Collector, Stamps held that the petitioners did not value the property properly and deficit stamps duty was paid and ordered payment of certain stamp duty against the petitioners. An appeal was filed against the aforesaid order before the Commissioner, that was dismissed subsequently. The Board of Revenue remanded the matter back.