SEWAKRAM BANJARE Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have been convicted for an offence under section 27 of the M.P. Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 (for short "the Adhiniyam") and sentenced to pay a fine of Rs.1000/- each, in default to suffer S.I. for three months. The impugned judgment dated 9/12/1997 was passed by I Additional Sessions Judge, Bhopal in Sessions Trial No.115/93. At the relevant point of time, appellants were respectively working as President and Secretary of Sarvodaya Grah Nirman Sahkari Samiti, Bairagarh (hereinafter referred to as "the Samiti"), which was a registered Society.

(2.) According to the prosecution case, without obtaining necessary approval and Colonizer's Licence from the competent officer and without valid transfer and mutation, appellants carved out plots on Land bearing Survey Numbers 109, 116/2, 117/2, 110/2, 113/2 and 116/1 at Village Laukhedi, admeasuring 7.02 acres, and entered into agreements to sell the same to the members of the Samiti, as a result of which, houses were constructed thereon in violation of Sections 24, 25 and 26, punishable under Section 27 of the Adhiniyam. On the facts mentioned above, a memo was sent to the Commissioner by Collector, Bhopal vide memo no.20/R-1/94 dated 18/1/1994, on the basis of which, direction for registration of crime and further investigation was issued by the prescribed authority viz. Commissioner, Bhopal under Section 39 of the Adhiniyam. After completion of investigation, Cr.A. No.235/1998 charge-sheet was filed before the Court of Session and after completion of trial, impugned judgment was passed.

(3.) It is not disputed that for the purpose of providing plots to the members of the Samiti, agreements were entered into between the Samiti and joint Bhumiswamis viz. Sunderlal, Kasturibai, Kedar and Raghunath for purchasing their lands for considerations of Rs.50,000/- per acre excluding the sale price of Well viz. Rs.12,000/- and the possession was obtained after making a payment of Rs.84,000/- to each Bhumiswami. For the aforesaid land, the Samiti had neither taken No Objection Certificate from Nazul Department nor any permission for its diversion and development. It is also admitted that on deposition of Land Fees of Rs.5,105/- and Development Charges of Rs.20,000/- by the members of the Samti, agreements on stamp papers were executed for allotment of plots to them and they had also constructed about 60 to 70 houses on the respective plots. It is also admitted that No Objection Certification from Nazul Department, Licence for developing Colony, Diversion Order and Sanctioned Maps for construction of houses, were not obtained by the Samiti.