Jabalpur Development Authority ... vs Dr.V.V.Shrivastava
2023 Latest Caselaw 4227 MP

                              1                   S.A. No.882/1999


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
               ON THE 17th OF MARCH, 2023
              SECOND APPEAL No. 882 of 1999
BETWEEN:-

JABALPUR DEVELOPMENT AUTHORITY JABALPUR
THROUGH CHIEF EXECUTIVE OFFICER, CIVIC
CENTRE   MADHATAL,   JABALPUR   (MADHYA
PRADESH)



                                                   .....APPELLANT
(BY SHRI HIMANSHU MISHRA - ADVOCATE)

AND

1.    DR.V.V.SHRIVASTAVA S/O SHRI MAHAN LAL
      SHRIVASTAVA, AGED ABOUT 60 YEARS, R/O 61-
      NAPIER TOWN, JABALPUR (MADHYA PRADESH)



2.    RAJ RAJENDRA SHRIVASTAVA THROUGH LRS:

      2-A:- SHYAM SUNDER SHRIVASTAVA S/O LATE
      RAJ RAJENDRA SHRIVASTAVA, AGED ABOUT 58
      YEARS, R/O 1543/1, GANGANAGAR, GARHA
      JABALPUR, DISTRICT JABALPUR (MADHYA
      PRADESH)

      2-B:- MURLI MANOHAR SHRIVASTAVA S/O LATE
      RAJ RAJENDRA SHRIVASTAVA, AGED ABOUT 56
      YEARS, R/O 1543/1, GANGANAGAR, GARHA
      JABALPUR, DISTRICT JABALPUR (MADHYA
      PRADESH)

      2-C:- GIRDHAR GOPAL SHRIVASTAVA S/O LATE
      RAJ RAJENDRA SHRIVASTAVA, AGED ABOUT 51
      YEARS, R/O 1543/1, GANGANAGAR, GARHA
      JABALPUR, DISTRICT JABALPUR (MADHYA
                                   2                     S.A. No.882/1999


     PRADESH)

     2-D:- SUBHADRA SHRIVASTAVA D/O LATE RAJ
     RAJENDRA SHRIVASTAVA, AGED ABOUT 53
     YEARS, R/O 1543/1, GANGANAGAR, GARHA
     JABALPUR, DISTRICT JABALPUR (MADHYA
     PRADESH)



                                                       .....RESPONDENTS
(BY SHRI SANJAY AGRAWAL - SENIOR ADVOCATE WITH SHRI SHUBHAM
MISHRA - ADVOCATE)
      This appeal coming on for settlement this day, the court passed the

following:

                                ORDER

This second appeal under Section 100 CPC has been filed against the judgment and decree dated 21.04.1999 passed by IX Additional District Judge, Jabalpur in Civil Appeal No.36-A/1998 thereby affirming the judgment and decree dated 17.11.1997 passed by XV Civil Judge Class-II Jabalpur in Civil Suit No.185-A/1994.

2. I.A. No.13265/2022 has been filed under Order 23 Rule 3 of C.P.C. for drawing a compromise decree.

3. It is submitted by the counsel for the appellant that the plaintiffs had filed a suit for declaration of title and permanent injunction in respect of land admeasuring 30575 sq.ft. forming part of Khasra No.164/2 situated in village Madhotal, Settlement No.660, Tehsil and District Jabalpur. JDA took an objection that the suit land is a part of Scheme No.14 framed by JDA in exercise of its power under Nagar Tatha Gram Nivesh Adhiniyam, 1973. The suit was decreed by the trial Court and the civil appeal was also dismissed.

4. Being aggrieved by the judgments and decrees passed by the Courts below, the JDA has preferred the present appeal.

5. On 24.05.2022, the State Government has passed an order by which Scheme No.14 has been restricted to 57.677 hectares and land admeasuring 46.538 hectares has been released from the said scheme. Pursuant to order dated 24.05.2022, the JDA has written a letter dated 23.06.2022 to the plaintiffs giving its no objection for recording their names in the revenue records in respect of land admeasuring 0.164 hectares = 17.673 hectares out of Khasra Nos.164/2/1/1, 164/2/1/2 and 164/2/2 situated in Village Madhotal, Settlement No.660, Patwari Circle No.31, Tehsil and District Jabalpur. JDA has issued another letter dated 24.06.2022 by which No Objection Certificate was granted in respect of remaining land admeasuring 12922 sq.ft. forming part of Khasra Nos.164/2/1/1, 164/2/1/2 and 164/2/2 situated in Village Madhotal, Settlement No.660, Patwari Circle No.31, Tehsil and District Jabalpur. Thus, it is submitted that No Objection Certificate has been granted by JDA in respect of the entire suit land i.e. 17673+12922 = 30575 sq.ft. out of original Khasra No.164/2 situated in Village Madhotal, Tehsil and District Jabalpur. Accordingly, it is prayed that a compromise decree be passed on the following terms and conditions:

(i) That, the plaintiffs are the exclusive owners in possession of their land admeasuring 30575 sq.ft. out of original Khasra No. 164/2 corresponding to new Khasra Nos. 164/2/1/1, 164/2/1/2 and 164/2/2 situated in Village Madhotal, Settlement No.660, Patwari Circle No.31, Tehsil and District Jabalpur (M.P.).

(ii) That, the plaintiffs are free to get their names recorded over the aforesaid land in the revenue records and are entitled to use and enjoy the same.

(iii) That, the JDA has absolutely no objection for use and enjoyment of the aforesaid land by the plaintiffs being the exclusive owners in possession of the same and further as the JDA has released the same from its Scheme No.14.

(iv) That, the Scheme No.14 of the JDA framed under the provisions of 1973 Adhiniyam has not lapsed and the said scheme is still continuing excluding the land of the plaintiffs.

(v) That, the findings recorded by the Courts below that the Scheme No.14 made by the JDA under the 1973 Adhiniyam has lapsed be set aside.

(vi) That the plaintiff would not claim any cost or damages from the JDA.

6. This Court by order dated 20.01.2023 directed the parties to appear before the Registrar (Judicial-I) on 10.02.2023 for verification of factum of compromise. The Registrar (Judicial-I) has submitted its report which reads as under:

High Court of Madhya Pradesh S.A.No.882/1999

10.02.2023 As per the direction of Hon'ble Court (Jabalpur) dated 20.01.2023 matter is listed today before the undersigned for verification of compromise between the parties.

Shri Prashant Shrivastava, Chief Executive Officer, JDA authorized person on behalf of Appellant/Defendant is present in person. He has submitted his original Office Identity Card for his identification and photocopy of the same has been retained. He is identified by Shri Satish Dixit Advocate (Enrl.No.1962/2014) Jr. to Shri Naman Nagrath Sr. Advocate, bears whole responsibility of identification of Appellant.

Respondent no.1/Defendant Shri Veer Virendra Shrivastava, Respondent no.2A/Defendant Shri Shayam Sunder Shrivastava, Respondent no.2B/Defendant Shri Murli Manohar Shrivastava, Respondent no.2C/Defendant Shri Girdhar Gopal Shrivastava, Respondent no.2D/Defendant Ms. Subhadra Shrivastava @ Surbhi Khare are present in person. All Respondents/Defendants have submitted their original Aadhar Card for their identification and photocopy of the same has been retained.

They are identified by Shri Pramod Kumar Sahu Advocate (Enrl.No.1088/2006) who bears whole responsibility of identification of Respondents.

The appellant/plaintiff and respondents/defendants have made statement on oath before me and have expressed in clear and unequivocal terms that they are ready and willing to resolve the dispute voluntarily by free consent without undue pressure, coercion and duress. Both the appellant and respondents have expressed that they put their signature on I.A.No.13265/2022 filed under Order 23 Rule 3 of CPC with their own will and without any pressure or fear and after understanding the same clearly by their counsel. The I.A.No.13265/2022 alongwith affidavit of appellant and respondent no.1 is already on record.

In the light of the aforesaid factual position, it is clear that the Appellants and Respondents have compromised voluntarily

without any undue influence or pressure. Both appellant and respondents are competent, mentally sound and major to enter into compromise.

In accordance with order dated 20.01.2023 case be placed before Hon'ble the Court inviting kind attention to the verification as above.

Registrar [J-1]

7. Accordingly, I.A. No.13265/2022, an application under Order 23 Rule 3 of CPC is hereby allowed and a compromise decree in the following terms and conditions is passed:

(i) That, the plaintiffs are the exclusive owners in possession of their land admeasuring 30575 sq.ft. out of original Khasra No. 164/2 corresponding to new Khasra Nos. 164/2/1/1, 164/2/1/2 and 164/2/2 situated in Village Madhotal, Settlement No.660, Patwari Circle No.31, Tehsil and District Jabalpur (M.P.).

(ii) That, the plaintiffs are free to get their names recorded over the aforesaid land in the revenue records and are entitled to use and enjoy the same.

(iii) That, the JDA has absolutely no objection for use and enjoyment of the aforesaid land by the plaintiffs being the exclusive owners in possession of the same and further as the JDA has released the same from its Scheme No.14.

(iv) That, the Scheme No.14 of the JDA framed under the provisions of 1973 Adhiniyam has not lapsed and the said scheme is still continuing excluding the land of the plaintiffs.

(v) That, the findings recorded by the Courts below that the Scheme No.14 made by the JDA under the 1973 Adhiniyam has lapsed be set aside.

(vi) That the plaintiff would not claim any cost or damages from the JDA.

8. Accordingly, the judgment and decree dated 21.04.1999 passed by IX Additional District Judge, Jabalpur in Civil Appeal No.36-A/1998 as also the judgment and decree dated 17.11.1997 passed by XV Civil Judge Class-II Jabalpur in Civil Suit No.185-A/1994 are hereby affirmed in the terms and conditions of the compromise decree.

9. The appeal is accordingly disposed of.

10. A compromise decree be drawn.

(G.S. AHLUWALIA) JUDGE vc

VARSHA CHOURASIYA 2023.03.21 19:17:09 +05'30'