VEDVRAT SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, petitioners have assailed the legality, validity and propriety of the order dtd. 19/1/2017 (Annexure P/2) passed by respondent no.3-Additional Collector on a note-sheet and ratified by respondent no.2/Collector, whereby lands belonging to the petitioners falling in Survey No. 452/1/Min-1 admeasuring 1.881 hectares (new number 452/3) and Survey No. 452/1/Min-2 admeasuring 0.805 hectare (new number 452/1) situate at Dongapur, Putlighar, Patwari Halka No.78, Tahsil and District Gwalior have been directed to be recorded in the revenue records as Government Land. The revision preferred against the said order has also been dismissed by the Board of Revenue vide order dtd. 4/7/2017 (Annexure P/1) for want of jurisdiction against administrative proceedings, which is also subject matter of challenge in this petition.

(2.) Brief facts leading to filing of this case are that petitioner nos. 1,2 and 3 are partners having created a partnership firm in the name and style of M/s Indra Creators/respondent no.4. The Firm is registered as a Colonizer under the provisions of M.P. Municipal Corporation Act, 1956 and the rules framed thereunder. The petitioners purchased land bearing Survey No. 452/1/Min-1 admeasuring 1.881 hectares situate at Dongarpur, Patwari Halka No. 78, RI Circle 5, Morar, Block Morar, Tahsil and District Gwalior vide registered sale deed dtd. 31/7/2012 (Annexure P/5) from one Shri Rambaran Singh Gurjar for a consideration of Rs.1,00,00,000.00 (Rupees one crore). Thereafter, they purchased another piece of land located at Survey No. 452/1/Min-2, admeasuring 0.805 hectare located at Dongarpur, Patwar Halka No.78, Tahsil and District Gwalior vide registered sale deed dtd. 20/3/2013 (Annexure P/6) from one Sunil Gandhi for a consideration of Rs.1,00,00,000.00 (Rupees one crore). It is relevant to mention here that the Nazool department has issued No Objection Certificates in favour of Rambaran Singh and Sunil Gandhi, who are predecessors-intitle of the petitioners, with respect to the lands in question on 23/5/2012 (Annexure P/7) and 28/8/2010 (Annexue P/8) respectively. After purchase of the said lands, name of petitioners was recorded in the revenue records as Bhumiswami in the year 2012-2013, as is reflected in corresponding Khasra (Annexure P/9) and Bhuadhikar and Rin Pustika (Annexure P/10) was also issued in favour of the petitioners. Thereafter, demarcation of the land was done by the Revenue Department vide order dtd. 6/2/2013 and Survey No.452/1/min-1 admeasuring 1.881 hectares and Survey No.452/1/min-2 admeasuring 0.805 hectare have been renumbered as Survey Nos. 452/3 and 452/1 respectively. Then, vide order dtd. 14/8/2013 (Annexure P/12), permission was granted by Joint Director, Town and Country Planning, Gwalior for development of residential colony on the land in question. On 17/9/2013, diversion order (Annexure P/13) in respect of the land in question was passed in favour of the petitioner no.4/Firm. The petitioners paid the municipal taxes on 10/12/2013 and 20/3/2015 of Rs.2,70,918.00 and Rs.1,23,332.00 respectively vide receipts (Annexure P/14). For the purpose of colonization, a part of land was mortgaged by the petitioners to the Municipal Corporation vide registered mortgaged deed dtd. 24/3/2014 (Annexure P/15). The layout plan of the colony was sanctioned by the Municipal Corporation and the sanction letter/certificate dtd. 25/3/2014 along with corresponding receipt of Municipal Corporation amounting to Rs.34,32,260.00 has been brought on record as Annexure P/16. Thereafter, the colony was developed on the land in question in the name of "Shrinkhla Enclave" and the Municipal Corporation, after finding that the development of colony was as per norms executed registered deed of redemption of mortgage (Annexure P/17) in favour of the petitioners on 9/3/2016. Petitioners further paid taxes to the Municipal Corporation to the tune of Rs.1,02,816.00 vide receipt dtd. 21/2/2016 (Annexure P/18). After development of the colony, petitioners have sold plots to the public at large. Some of the plot holders, after obtaining building permission from the Municipal Corporation, have also started construction of houses.

(3.) The impugned order (Annexure P/2) has been assailed by the petitioners inter alia on the following grounds:-