VIJAY LAXMI SHARMA Vs. RAIPUR MUNICIPAL CORPORATION RDA SECTION

JUDGEMENT

(1.) THE petitioners filed this petition in the High Court of madhya Pradesh at Jabalpur on 24. 04. 1985 seeking following reliefs:

(2.) THE indisputable facts, in brief, are that the petitioner No. 1, being the legal heir of the original petitioner, who was the widow of Late Shri Ram Gopal Sharma was brought on record during the pendency of this petition. The petitioner No. 2 and 3 are the sons and the petitioner No. 4 to 7 are the daughter of Late Shri ram Gopal Sharma, who died intestate at Raipur on 22. 09. 1984. The respondent No. 1 developed several housing development schemes. One of them was Shailendra Nagar Scheme No. 27 in the beginning of the year 1977. The respondent No. 1 selected a parcel of land admeasuring 102 acres in Tikrapara Ward, in the city of Raipur. 45. 68 acres of land belonging to Late Shri Ram Gopal Sharma, his two sons i. e. petitioner No. 2 and 3 and daughters petitioner No. 4 to 7 situate in Khasara No. 293, P. C. No. 114, R. I. Circle raipur, Block Dharsiwa, Tehsil and District Raipur. The respondent no. 1 in accordance with its policy offered building sites/plots under the said notified scheme to the owners of the land affected by the said scheme, besides the payment of compensation in accordance with Section 56 of the Madhya Pradesh Nagar Tatha Gram nivesh Adhiniyam, 1973 (hereinafter referred to as 'the Act, 1973' ). The then Chief Executive Officer in his notings dated 09. 10. 1978 in the file observed that the land admeasuring 17. 02 acres under the ownership of Shri Ram Gopal Sharma was to be acquired wherefor a sum of Rs. 20,000/- per acre was payable (under protest) as a part-payment and a sum of Rs. 1,97,525/- was decided to be paid as an advance. The lands in dispute belonging to the petitioner No. 2 and 3, the sons of Late Shri Ram Gopal sharma and other petitioner were also acquired on the same terms under agreements of sale. It was agreed to hand over the possession of the land in dispute under their ownership vide notings dated 7. 7. 1978 in the file (Annexure 1 to 7 ). The petitioners were thereafter required to pay development charges for the proposed allotted buildings sites/plots at the rate of Rs. 1. 75 per sq. ft. to the respondent No. 1. The respondent No. 1 in its notings in the file contained from Annexure 1 to 7 decided to allot building sites/plots bearing No. D 293, 294, 295, 312, 297, 298 to late Shri Ram Gopal Sharma, No. D 247, 248, 249, 250 to the petitioner No. 2, D 251, 252, 253, 254 to petitioner No. 3, C3, c4 to petitioner No. 4, C 21, C 22 to the petitioner No. 5, C 19, c 20 to petitioner 6, and C 17 and C 18 to the petitioner No. 7, in the said scheme. Accordingly, agreement of sale of land was executed between the petitioners and the respondent No. 1. In one of the agreement of sale of land, it was provided as under:

(3.) AGREEMENTS of exchange (Annexure 9) was also executed between the parties. In one of the exchange agreements, it was, inter alia, provided as under: