Sharda Vihar Vikas Samiti vs The State of M.P. and Others

S.K. Gangele, J.—The petitioner is a Society registered under the provisions of Madhya Pradesh Society Registrikaran Adhiniyam. Initially, the petitioner filed a petition on the basis of news published in a daily newspaper "Dainik Bhaskar" dated 28th June, 2011. It is mentioned in the newspaper that the Collector had declared the land as a Government land. He also ordered for taking possession of the land. The members of the petitioner-Society, who are near about 214 in numbers, are the residents of Sharda Vihar Colony, City Centre, Gwalior. They had constructed their houses in the aforesaid colony. On the basis of the newspaper report and looking to the graveness of the situation that more than 200 persons may be dispossessed, this Court entertained the petition and issued notices. Subsequently, the petitioner-Society and the respondents both filed a copy of order dated 27-06-2011 passed by the Collector, Gwalior in Suo Moto Revision No. 24/08-09. By the aforesaid order, the Collector has declared the land bearing survey Nos. 896, 897, 898, 900, 901, 902, 903, 904, 905, 917, 918, 919, 920, 921,922,923 and 924 situate at village Mahalgaon total area 26 bigha 6 bishwa as Government land [hereinafter referred to as ''the land''] and also cancelled mutation proceedings recorded vide earlier order and further ordered that the land be recorded as Government land and possession of the land be taken over. Thereafter, vide order dated 28-06-2011 certain typographical errors regarding the survey numbers and area of the land in the order dated 27-06-2011, have been corrected.

Initially, Devi was the Maurishi Kastkar of the land and his name was recorded as Pakka Krishak in the entries of Samvat 2009-2018. After death of Devi, Sukha came in the possession of the land being the heir of Devi. After death of Sukha, his daughters, sons and wife got possession of the land. Shankar Lal S/o. Sukha and other persons filed a suit for declaration and permanent injunction in regard to the aforesaid land, which was registered as Civil Suit No. 222-A/1967 and tried by 3rd Civil Judge, Class II, Gwalior. The State was ex parte in the aforesaid suit. The trial judge by the judgment and decree dated 18-10-1968 decreed the suit and issued a decree that the respondents therein shall not interfere in the possession of the land of the plaintiffs being "Bhumiswami". An encroachment proceeding was also initiated against Shankarlal vide case No. 164A-68/75-76 by the Tehsildar (Nazul), Gwalior. The Tehsildar (Nazul), Gwalior in the aforesaid proceeding, has held that Shankar Lal S/o. Sukha and other heirs of Sukha are not encroachers and their possession was legal and they were agriculturists of the Government and they were in legal possession of the land. Encroachment proceedings were dropped.

On the basis of the judgment and decree passed by learned trial Court, the Collector ordered for recording the names of Shankar. Lal S/o. Sukha, Smt. Kala Bai D/o. Sukha, Smt. Khumano D/o. Sukha, Shri Lalli S/o. Sukha, Shri Laxman, S/o. Sukha, Balkishan S/o. Sukha, Sushri Batta D/o. Sukha and Smt. Kasso W/o. Sukha as "Bhumiswami" of the land and record of the Patwari was corrected accordingly vide order dated 10-05-1990.

After recording the names and correcting the record of Patwari, Shankar Lal S/o. Sukha and others sold half portion of the land in favour of Shankar Lal S/o. Dalchand, Mahalgaon, Gwalior. Thereafter, Shankar Lal S/o. Dalchand submitted an application before the Additional Collector and Competent Authority, Urban Land Ceiling, Gwalior and case was registered in regard to grant of No Objection Certificate to the effect that the land be permitted to be handed over to Gwalior Development Authority. In the aforesaid application, the Additional Collector registered a case No. 26/93-94 and vide order dated 23-07-1994 Annexure P/7, granted No Objection Certificate to Shankar Lal S/o. Dalchand. On 14th August, 1989, Gwalior Development Authority through its Chairman, entered into an agreement with Shri Devsthan Grih Nirman Sahakari Samiti Maryadit, Gwalior [in short '' the Society''] in regard to execution of its residential scheme at City Centre, Mahalgaon, Gwalior and it was agreed that Gwalior Development Authority shall develop the site for housing purpose. It was agreed between the Society and Gwalior Development Authority that the Society shall leave 50% of the total land free of cost in favour of Gwalior Development Authority and the Society shall be entitled remaining 50% of the land in the shape of plotted area and the Society will be at liberty to allot the plots to its members on depositing the development charges. The details of the lands are as under:-