PANDIT GAURI SHANKAR GRAH NIRMAN SAHAKARI SANSTHA MYDT., GWALIOR Vs. GWALIOR DEVELOPMENT AUTHORITY AND OTHERS

JUDGEMENT

(1.) This intra-Court appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 15.11.2016 passed in Writ Petition No.4559/ 2014.

(2.) Petition, at the instance of the appellant, was for quashment of award dated 8.6.1993 passed by the Collector/Land Acquisition Officer, District Gwalior (M.P.) under the provisions of Land Acquisition Act, 1894; whereby, in lieu of acquisition of land bearing Survey No.684 admeasuring 0.240 hectare (unirrigated) compensation of Rs.3,92,000/- was awarded along with interest at the rate of 12% per annum under section 23(1A) of the Act, 1894 and solatium 30% under section 23(2) thereof. The challenge was primarily on the ground that the impugned award has lapsed as per sub-section (2) of section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the purchaser being the owner of land, therefore, having the interest therein sought for the quashment of such award. It was also a ground that the impugned award passed in direct contravention of the provisions of section 54 of the M.P. Town and Country Planning Act 1973. It was also the ground that the land in question having not vested in the Government and no compensation has been paid till the date of filing of the petition. In nutshell, the petitioner though invoked sub-section 2 of section 24 of the Act, 2012 while challenging the award dated 8.6.1993. However, no specific relief was sought by the petitioner for a declaration of lapse of acquisition proceedings under section 24(2) of the Act, 2013. Be that as it may.

(3.) The facts on which the petitioner rested his challenge briefly are that, the petitioner is a society registered under the provisions of Madhya Pradesh Co-operative Societies Act, 1960 and being in liquidation its authorized representative Attar Singh s/o Shri Mannu Singh on the strength of delegation by the liquidator under section 70 of 1960 Act had preferred the petition on the contentions that in the year 1989 an agreement to sell in respect of the property in question was entered into between Shri Sughar Singh s/o Shri Devi Singh and Shri Mannu Singh s/o Shri Pejram with the petitioner society for sale of said land. The agreement was signed on 28.4.1990 and possession was also taken by the petitioner society by paying the entire sale consideration. On 16.8.1985, a notification was issued under sub-section 4 read with subsection (7) of section 50 of the Act, 1973 by Gwalior Development Authority ("for brevity "the Authority ") declaring its intention to prepare town development scheme for acquiring 271 survey numbers for undertaking development project The notification included within its fold, besides other villages, village Mahalgaon where the land in question is situated. The authority further intended to acquire 111 survey numbers admeasuring 373.07 bigha-biswa. Whereafter the State Government on the requisition by the Authority issued a notification under section 4 read with section 17(1) of the Land Acquisition Act, 1894 on 28.2.1992 to acquire about 32 survey numbers of village Thatipur and Mahalgaon including the land in question. Notification dated 28.2.1992 issued under section 4 read with section 17( 1) of the Land Acquisition Act, 1894 land admeasuring 0.240 hectare of Survey No.684 situated in village was proposed to be acquired. As the urgency clause was invoked, a notice under section 9(2) of Land Acquisition Act was issued on 10.7.1992 on the holders of the land, namely, Sughar Singh, Daulat Singh, Devi Singh, Paacho Bai w/o Devi Singh, Rajo Bai d/o Devi Singh, Mannu Singh s/o Pejram, Mst. Sarmaniya w/o Randheer Singh received by Attar Singh on 23.7.1992 (Annexure P-10). The notification and the proceeding culminated into passing of an award on 8.6.1993. Contending, inter alia, that after passing of final award the property in question continued to remain in possession of Shri Sughar Singh and Shri Mannu Singh from whom the society purchased the land. Society through Attar Singh preferred the said writ petition. The relief sought was not a declaration of lapse of acquisition proceedings under section 24(2) of 2013 Act but the quashment of the Award dated 8.6.1993.