SANJAY GANGRADE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed as Public Interest Litigation by the petitioner who is claiming himself to be a public spirited person.

(2.) Facts of the case, as stated in the Writ Petition, reveal that the respondents No.11, 12 and 13 are the Housing Cooperative Societies and the land was purchased by the Cooperative Housing Societies bearing Survey No. 81/1/1, 81/1/2 and 81/1/3, situated at village Nanakheda, Tehsil & District Ujjain and plots were carved out for allotting them to the members of the Societies. The land was purchased by the Cooperative Societies on 5-2-2004 / 27-8-2004, 28-8- 2004 and 23-8-2004 vide registered sale deeds. All the three Cooperative Societies obtained development permission from the Joint Director, Town & Country Planning Department and residential colony was to be developed by the Cooperative Societies. The cooperative societies, in turn, executed sale deeds to its members. Some of the sale deeds executed by the cooperative societies dated 28/12/2006 and 31/3/2012 are on record as Annexure P/2 and Annexure P/3. The Joint Director, Town & Country Planning Department, respondent No.6, granted permission in favour of respondent No.11 Cooperative Society for development of the residential colony over the land bearing Survey No. 81/1/1/2 on 5/2/2004. The Joint Director, Town & Country Planning Department, respondent No.6, granted permission in favour of respondent No.13 Cooperative Society for developing residential colony over the land bearing Survey No. 81/2/1/1 on 23/8/2004. The Joint Director, Town & Country Planning Department granted development permission in favour of respondent No.11 again on 27/8/2004 for developing residential colony over the land bearing Survey No. 81/2/1/2. The Joint Director, Town & Country Planning Department also granted development permission in favour of respondent No.12 again, a Housing Cooperative Society for developing residential colony over the land bearing in Survey No. 81/2/1/3 on 28/8/2004.

(3.) That the respondent No.13 Cooperative Society executed a sale deed in favour of one Gurubaksh Singh and it was categorically mentioned in the sale deed that the plots will be non-transferable for a period of ten years and the construction over the plot shall be done within three years from the date of execution of sale deed or the plot will be surrendered back to the society. The sale deed was executed in favour of one Gurubaksh Singh on 8/8/2006.