Madhya Pradesh High Court
R.K. Gupta vs Mp Housing And Infrastructure ... on 26 April, 2024
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 W.P. No.3331/2016, W.P. No.4793/2016,
W.P. No.5637/2016, W.P. No.5955/2016,
W.P. No.26124/2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 26th OF APRIL, 2024
WRIT PETITION No. 3331 of 2016
BETWEEN:-
1. RAM SINGH BAGHEL S/O SHRI SHIVRATAN
SINGH BAGHEL, AGED ABOUT 51 YEARS,
R/O E-5 HOUSING BOARD COLONY,
BODABAGH, REWA (MADHYA PRADESH)
2. DINESH SINGH SENGAR S/O SHRI
RUKUMDEO SENGAR, AGED ABOUT 56
YEARS, R/O MIG 16, CHIRAUHALA COLONY
REWA (MADHYA PRADESH)
3. RAJEEV SINGH GAHARWAR S/O SHRI RAM
KUMAR GAHARWAR, AGED ABOUT 53
YEARS, R/O E-3 HOUSING BOARD COLONY
BODABAGH, REWA (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SANJAY SARWATE - ADVOCATE)
AND
1. M.P. ROAD TRANSPORT CORPORATION
THROUGH MANAGING DIRECTOR, BHOPAL
(MADHYA PRADESH)
2. M.P. HOUSING BOARD THROUGH
COMMISSIONER, M.P. HOUSING BOARD,
JAIL ROAD, PARYAWARAN HOUSE, BHOPAL
(MADHYA PRADESH)
3. PRINCIPAL SECRETARY, M.P. TRANSPORT
DEPARTMENT, MANTRALAYA, BHOPAL
(MADHYA PRADESH)
4. CHIEF ESTATE OFFICER, M.P HOUSING
BOARD AND INFRASTRUCTURAL DIVISION,
BHOPAL, (MADHYA PRADESH)
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 29-Apr-24
5:53:22 PM
2 W.P. No.3331/2016, W.P. No.4793/2016,
W.P. No.5637/2016, W.P. No.5955/2016,
W.P. No.26124/2019
5. ESTATE OFFICER, M.P. HOUSING BOARD
AND INFRASTRUCTURAL ZONE, REWA
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI ADITYA KHANDEKAR - ADVOCATE FOR
RESPONDENTS NO.2, 4 & 5 AND SHRI SAHIL
SONKUSLE - ADVOCATE FOR INTERVENOR)
WRIT PETITION No. 4793 of 2016
BETWEEN:-
1. S.C. JAIN S/O LATE NEMICHAND JAIN, AGED
ABOUT 70 YEARS, RETIRED FROM
M.P.R.T.C. R/O MIG 19, KANISHKA
APARTMENT SHIVAJI NAGAR NEAR STOP
NO. 5 BHOPAL (MADHYA PRADESH)
2. SAKET SHROTI S/O HARI SHANKAR SHROTI,
AGED ABOUT 60 YEARS, OCCUPATION: VRS
FROM MPRTC MIG 9, KANISHKA
APARTMENT SHIVAJI NAGAR NEAR STOP
NO. 5 BHOPAL (MADHYA PRADESH)
3. A.K. GUPTA S/O M.L GUPTA, AGED ABOUT 52
YEARS, OCCUPATION: EMPLOYEE OF
MPRTC, R/O MIG 16, KANISHKA
APARTMENT SHIVAJI NAGAR NEAR STOP
NO. 5 BHOPAL (MADHYA PRADESH)
4. R.P. TRIPATHI S/O LATE SURYA PRASAD
TRIPATHI, AGED ABOUT 52 YEARS,
RETIRED UNDER VRS FROM MPRTC, R/O
MIG 23, KANISHKA APARTMENT SHIVAJI
NAGAR NEAR STOP NO. 5 BHOPAL
(MADHYA PRADESH)
5. VIJAY SINGH MEENA S/O RAM CHARANLAL,
AGED ABOUT 47 YEARS, OCCUPATION:
SERVICE IN MPRTC R/O MIG 12, KANISHKA
APARTMENT SHIVAJI NAGAR NEAR STOP
NO. 5 BHOPAL (MADHYA PRADESH)
6. RAJKUMAR MISHRA S/O LATE AMBIKA
PRASAD MISHRA, AGED ABOUT 53 YEARS,
SERVICE IN MPRTC, R/O MIG 20, KANISHKA
APARTMENT SHIVAJI NAGAR NEAR STOP
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 29-Apr-24
5:53:22 PM
3 W.P. No.3331/2016, W.P. No.4793/2016,
W.P. No.5637/2016, W.P. No.5955/2016,
W.P. No.26124/2019
NO. 5 BHOPAL (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI BHUVNESH SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH SECRETARY, AVAAS EVAM
PRYAVARNA VIBHAG VALLABH BHAWAN,
MANTRALAYA BHOPAL (MADHYA
PRADESH)
2. SUB DIVISIONAL OFFICER (REVENUE) T.T.
NAGAR CIRCE BHOPAL (MADHYA
PRADESH)
3. M.P. GRIHA NIRMAN EVAM
ADHOSANRACHNA VIKAS MANDAL,
PRAKSHETRA BHOPAL, IV TH FLOOR
BLOCK B PARYAWAS BHAWAN ARERA
HILLS BHOPAL (MADHYA PRADESH)
4. ESTATE OFFICER, M.P. GRIHA NIRMAN
EVAM ADHOSANRACHNA VIKAS MANDAL
PRAKSHETRA BHOPAL IV TH FLOOR
BLOCK B PARYAWAS BHAWAN ARERA
HILLS BHOPAL (MADHYA PRADESH)
5. M.P. ROAD TRANSPORT CORPORATION
HABIBGANJ BHOPAL (MADHYA PRADESH)
THROUGH ITS MANAGING DIRECTOR
.....RESPONDENTS
(STATE BY SHRI JUBIN PRASAD - PANEL LAWYER
AND RESPONDENTS NO.3 & 4 BY SHRI ADITYA
KHANDEKAR - ADVOCATE)
WRIT PETITION No. 5637 of 2016
BETWEEN:-
1. SURENDRA KUMAR TIWARI S/O LATE SHRI
RAMASHRAYA TIWARI, AGED ABOUT 49
YEARS, R/O E-4 HOUSING BOARD COLONY,
BODABAGH REWA (MADHYA PRADESH)
2. RAMAVTAR SINGH S/O LATE SHRI SHIV
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 29-Apr-24
5:53:22 PM
4 W.P. No.3331/2016, W.P. No.4793/2016,
W.P. No.5637/2016, W.P. No.5955/2016,
W.P. No.26124/2019
DUTT SINGH, AGED ABOUT 62 YEARS, R/O E-
11, HOUSING BOARD COLONY, BODABAGH
REWA (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SANJAY SARWATE - ADVOCATE)
AND
1. M.P. ROAD TRANSPORT CORPORATION
THROUGH MANAGING DIRECTOR BHOPAL
(MADHYA PRADESH)
2. M.P. HOUSING BOARD THROUGH
COMMISSIONER M.P. HOUSING BOARD,
JAIL ROAD PARYAWARAN HOUSE BHOPAL
(MADHYA PRADESH)
3. PRINCIPAL SECRETARY, M.P. TRANSPORT
DEPARTMENT, MANTRALAYA BHOPAL
(MADHYA PRADESH)
4. CHIEF ESTATE OFFICER, M.P. HOUSING
BOARD AND INFRASTRUCTURAL DIVISION
BHOPAL (MADHYA PRADESH)
5. ESTATE OFFICER M.P. HOUSING AND
INFRASTRUCTURAL ZONE REWA (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI ADITYA KHANDEKAR - ADVOCATE FOR
RESPONDENTS NO.2, 4 & 5)
WRIT PETITION No. 5955 of 2016
BETWEEN:-
1. SHANKAR DAYAL SHARMA S/O LATE R.D.
SHARMA, AGED ABOUT 65 YEARS, R/O N-6
HATHITAL COLONY JABALPUR (MADHYA
PRADESH)
2. SUDHIR VISHWAKARMA S/O LATE RAM
GOPAL VISHWAKARMA, AGED ABOUT 48
YEARS, R/O P-8, HATHITAL COLONY,
JABALPUR (MADHYA PRADESH)
3. ANAND PRAKASH DUBEY S/O LATE
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 29-Apr-24
5:53:22 PM
5 W.P. No.3331/2016, W.P. No.4793/2016,
W.P. No.5637/2016, W.P. No.5955/2016,
W.P. No.26124/2019
MAHESH PRASAD DUBEY, AGED ABOUT 55
YEARS, K-3, HATHITAL COLONY, JABALPUR
(MADHYA PRADESH)
4. RAVI SHANKAR VERMA S/O LATE
SARVANAND VERMA, AGED ABOUT 65
YEARS, P-2, HATHITAL COLONY, JABALPUR
(MADHYA PRADESH)
5. KAMLESH BAHADUR SINGH S/O LATE
T.B.SINGH, AGED ABOUT 45 YEARS, T-41,
HATHITAL COLONY, JABALPUR (MADHYA
PRADESH)
6. LAKHAN SINGH S/O BHAIYALAL, AGED
ABOUT 66 YEARS, P-1, HATHITAL COLONY,
JABALPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SIDDHARTH VERMA - ADVOCATE)
AND
1. M.P. ROAD TRANSPORT CORPORATION
THROUGH ITS MANAGING DIRECTOR
BHOPAL (MADHYA PRADESH)
2. M.P. HOUSING BOARD THROUGH
COMMISSIONER, M.P. HOUSING BOARD
JAIL ROAD, PARYAWARAN HOUSE, BHOPAL
(MADHYA PRADESH)
3. PRINCIPAL SECRETARY MINISTRY OF
TRANSPORT, M.P. ROAD TRANSPORT
DEPARTMENT, MANTRALAYA BHOPAL
(MADHYA PRADESH)
4. CHIEF ESTATE OFFICER, M.P. HOUSING
BOARD AND INFRASTRUCTURAL DIVISION
BHOPAL (MADHYA PRADESH)
5. ESTATE OFFICER, M.P. HOUSING BOARD
AND INFRASTRUCTURAL ZONE JABALPUR,
(MADHYA PRADESH)
.....RESPONDENTS
(STATE BY SHRI JUBIN PRASAD - PANE LAWYER
AND RESPONDENTS NO.2, 4 & 5 BY SHRI ADITYA
KHANDEKAR - ADVOCATE)
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 29-Apr-24
5:53:22 PM
6 W.P. No.3331/2016, W.P. No.4793/2016,
W.P. No.5637/2016, W.P. No.5955/2016,
W.P. No.26124/2019
WRIT PETITION No. 26124 of 2019
BETWEEN:-
R.K. GUPTA S/O SHRI R.B. LAL GUPTA, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED, R/O
MIG 106, DARPAN COLONY, THATIPUR
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(NONE)
AND
1. M.P. HOUSING AND INFRASTRUCTURE
DEVELOPMENT BOARD THROUGH CHIEF
ESTATE OFFICER, PARYAVAS BHAWAN,
MOTHER TERESA MARG, ARERA HILLS,
BHOPAL (MADHYA PRADESH)
2. CHIEF ESTATE OFFICER M.P. HOUSING AND
INFRASTRUCTURE AND DEVELOPMENT
BOARD, D.D. NAGAR GWALIOR (MADHYA
PRADESH)
3. DEPUTY COMMISSIONER, M.P. HOUSING
AND INFRASTRUCTURE AND
DEVELOPMENT BOARD, D.D. NAGAR,
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ADITYA KHANDEKAR - ADVOCATE)
............................................................................................................................................
These petitions coming on for admission this day, the court passed
the following:
ORDER
By this common order, W.P. No.4793/2016 (S.C. Jain and Others
Vs. State of M.P. and Others), W.P. No.5637/2016 (Surendra Kumar
Tiwari and Another Vs. M.P. Road Transport Corporation and Others),
W.P. No.5955/2016 (Shankar Dayal Sharma and Others Vs. M.P. Road
W.P. No.5637/2016, W.P. No.5955/2016,
Transport Corporation and Others) and W.P. No.26124/2019 (R.K.
Gupta Vs. M.P. Housing and Infrastructure Development Board and
Others) shall also be decided.
2. It is submitted by counsel for the petitioners that all the Writ
Petitions can be disposed of by the same order and do not involve any
additional ground.
3. For the sake of convenience, facts of W.P. No.3331/2016 (Ram
Singh Baghel and Others Vs. M.P. Road Transport Corporation and
Others) shall be considered.
4. This petition under Article 226 of Constitution of India has been
filed seeking following relief(s):-
"(i) Quash the order dated 5.11.2015
(Annexure P/10).
(ii) Issue any other writ or writs, order or
orders, direction or directions, which this
Hon'ble High Court deem fit and proper in
the facts and circumstances of the case."
5. It is the case of the parties that the petitioners were the employees
of Madhya Pradesh State Road Transport Corporation (in short
'MPSRTC'). MPSRTC and M.P. Housing and Infrastructure
Development Board entered into a hire purchase Agreement for a period
of 15 years, by which houses were to be built up by the M.P. Housing
and Infrastructure Development Board for the MPSRTC on hire
purchase basis. The houses were allotted to the petitioners being the
employees of MPSRTC. As per the agreement, MPSRTC was required
to pay certain amount within a period of 15 years along with interest to
the M.P. Housing and Infrastructure Development Board and only
W.P. No.5637/2016, W.P. No.5955/2016,
thereafter, ownership of houses would have automatically transferred to
the MPSRTC. In the meanwhile, the financial position of MPSRTC
deteriorated and suffered huge losses, therefore properties of the
Corporation were attached by respondent No.3/ Madhya Pradesh Road
Transport Department. Thereafter some of the employees of MPSRTC
filed Writ Petition for direction to the Housing Board to execute the sale
deed in favour of the employees who were allotted quarters by the
MPSRTC. The said Writ Petition was disposed of by order dated
11/09/2008 passed in W.P. No.2364/2004 (Gwalior Bench) with certain
directions to the MPSRTC as well as M.P. Housing and Infrastructure
Development Board. Writ Appeal No.744/2008 was also dismissed by
judgment dated 07/08/2013. Commissioner, M.P. Housing and
Infrastructure Development Board by its letter dated 03/02/2011
informed the Principal Secretary of M.P. Housing and Infrastructure
Development Board that MPSRTC was liquidated on 30/09/2014 and an
amount of Rs.4,18,32,442.36 could not be recovered because of winding
up proceedings and accordingly, employees of the Corporation have
given consent for the purchase of houses allotted to them by the
MPSRTC at market price but the same cannot be effected without
effecting tripartite agreement between employees, Housing Board and
MPSRTC. It is further submitted that information was also given by the
Estate Officer regarding total receipt of sale of houses which came to
the tune of Rs.11,85,58,453/-, whereas an amount of Rs.4,18,32,442.36
was also outstanding on 03/02/2011. In the meanwhile, an order of
eviction was passed. An Appeal was filed against the order of eviction
and order of eviction was set aside.
W.P. No.5637/2016, W.P. No.5955/2016,
6. It is submitted by counsel for petitioners that petitioners are ready
to purchase the houses which were allotted to them by MPSRTC which
are in their possession at the existing market price. Therefore, M.P.
Housing and Infrastructure Development Board may be directed to
execute the sale-deed at the existing market price.
7. In reply, it is submitted by counsel for respondents No.2, 4 & 5
Shri Aditya Khandekar that if the petitioners who were allotted the
houses by MPSRTC & are in possession thereof are ready to give their
representation along with letter of allotment with an undertaking that
they are ready to get the sale-deed executed at the existing market price,
then the M.P. Housing and Infrastructure Development Board shall not
have any objection.
8. Considered the submissions made by counsel for the parties.
9. Considering the fact that the petitioners have given an undertaking
that they are ready to purchase the houses at existing market price which
were allotted to him/them by MPSRTC being the employees of
MPSRTC, therefore these petitions are disposed of with following
observations:-
(i) Petitioner(s) shall submit a representation
in the form of an undertaking before the
Estate Officer within a period of one
month from today with regard to his
willingness to purchase the house in his
possession at the market value as per
Collector guidelines as existing on the date
of execution of sale-deed.
W.P. No.5637/2016, W.P. No.5955/2016,
(ii) Along with the said representation,
petitioner(s) shall also be under obligation
to annex the copy of order of allotment
issued by MPSRTC/ their erstwhile
employer.
(iii) If petitioner(s) satisfies that they were
employees of MPSRTC and houses in their
possession were allotted to them, then sale-
deed shall be executed in favour of
petitioner(s) on the basis of market value
as per guideline as existing on the date of
execution of sale-deed. Sale-deed shall be
executed after the entire consideration
amount is paid by the petitioner(s) to the
M.P. Housing and Infrastructure
Development Board.
(iv) If the representation with all necessary
documents is submitted within a period of
one month from today, then entire action
of executing the sale-deed shall be
completed within a period of two months
thereafter.
(v) If the petitioner(s) fail to submit their
representation/ undertaking within a period
of one month from today, then this
direction shall lose its effect and the
W.P. No.5637/2016, W.P. No.5955/2016,
petition of the said petitioner shall
automatically stand dismissed.
10. With aforesaid observations, petitions are finally disposed of.
(G.S. AHLUWALIA)
JUDGE
S.M.
