BHAROSILAL KUSHWAH Vs. GWALIOR DEVELOPMENT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:- ...[VARNACULAR TEXT UMITTED]...

(2.) It is submitted by the counsel for the petitioners that the land bearing survey nos.151, 152, 156, 157, 158, 159, 160 and 161 total area 5 Bigha 10 Viswa was acquired by the respondents for development of the residential colony, namely, Vinay Nagar Residential Project. The then President had given a written assurance to three owners of the land that three residential plots will be allotted to the owners in lieu of acquisition. The said letter dated 6/2/1979 has been annexed as Annexure P/1. It is submitted that whenever the petitioners prayed for allotment of the residential plots in lieu of the acquisition, only assurance was given that after the conclusion of proceedings for disbursement of the compensation amount, the plots will be allotted. The compensation amount was paid in the year 2013 and thereafter, on 9/2/2016, 2/3/2016, 15/6/2016 and 18/8/2016 request was made by sending registered letters. On 20/10/2016 the petitioners approached the respondents and requested that as the assurance was given by the then President of the Gwalior Development Authority, therefore, they may be allotted the plots. Since no satisfactory reply was given, therefore, the petitioners have filed the present petition.

(3.) It is submitted by the counsel for the petitioners that the respondents had acquired the valuable land belonging to the petitioners on the assurance that three residential plots would be allotted to them, but by not allotting the same, the petitioners have been made landless and shelter-less. The respondents after acquiring the land have sold the developed plots to various persons and have earned crores of rupees and are still earning premium which is in lacs, but they have not followed their assurance. The lands were acquired for floating the residential scheme and by not following their assurance, the respondents have disrespected their contract.