SHYAMSUNDER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally with the consent of the parties.

(2.) The brief facts of the case is that the appellants herein had purchased the below mentioned property by way of registered sale deed from Kumari Sharda Raje D/o Maharaja Tukoji Rao Pawar, erstwhile ruler of Indore. The description plot, area, survey numbers, date of sale deeds are as under:-

(3.) Subsequent to the execution of the sale deed, the Collector District Indore vide notices issued in the month of September, 2001 informed the appellants that as per the proceedings commenced in 130/?-90/C-1/76-77 the possession of the aforementioned plots had been taken by the State Government by considering it as an excess land under the provisions of Urban Land (Ceiling and Regulations) Act, 1976 (hereinafter referred to as the 'Act of 1976') and further if the appellants wish to get their plots regularised as per the policy decision of the State Government dtd. 3/2/2000, they were required to pay the amounts as prescribed and required in the notice. As soon as the appellants were made aware of the fact that their plots were under the scan of the Act of 1976 due which the possession of the said land had already been obtained by the State Government by way of paper Panchanama, the present appellants sought enquiry into the matter because the physical possession of the plots were never obtained by the State Government. Moreover, neither the present appellants nor their predecessors in title were served any notice under Sec. 10(5) of the Act of 1976 and till date they are holding the physical possession of the aforementioned plots. Subsequently, on initiation of proceedings by the District Collector, Indore for getting their plots regularized, the appellant No. 1 deposited a sum of Rs.5,05,477.00, appellant No. 2 deposited a sum of Rs.4,09,847.00, appellant No. 3 deposited a sum of Rs.4,55,385.00 and similarly appellants No. 4, 5 and 6 deposited Rs.4,16,352.00, Rs.4,41,723.00 and 4,63,396/- respectively.