FATEMA BAI Vs. STATE OF MP

JUDGEMENT

(1.) THE land in question in area 21 acres comprised in Survey no. 41/2 situated at village Raussalli, Tahsil Huzur, District Bhopal was agreed to be purchased by respondent No. 2 for a consideration of Rs. 2,20,500/ -. An agreement was duly entered into which is on record as Annexure/p-1. The vendor at the time of agreement received a sum of Rs. 42,000/- on 4-3-1977. Since the subject land was in excess of the land prescribed under the Urban Land (Ceiling and Regulation) Act, 1976, a provision was made in the agreement (Annexure/p-1) that the vendor would apply to the Collector under the provisions of the aforesaid Act to enable him to sell the land in question to the petitioner. Accordingly, an application under section 20 (1) was made for seeking permission from the competent authority for sale of the subject land to the M. P. Housing Board for the consideration mentioned in the agreement. This application was duly entertained with the result that the respondent No. 1 granted permission vide order dated 13-1-2000 (Annexure7p-2) subject to the condition that the vendor would not have a right to receive consideration in excess of Rs. 2 lacs.

(2.) SHRI Imtiyaz Husain, learned counsel appearing for the petitioner contended that the State Government has no power or jurisdiction to put a ceiling on money which the petitioner would be entitled as consideration of the property in question.

(3.) SHRI Vinod Mehta, learned Government Advocate appearing for respondent Nos. 1 and 3 has opposed the writ petition and has further submitted that the impugned order contained in Annexure/p-2 is well justified and the petitioner has been rightly held to be entitled to money not exceeding Rs. 2 lacs.