JUDGMENT 1. Heard learned Counsel for the parties. Leave granted. 2. Consequent upon the directions issued by this Court, followed by the orders passed by the High Court of Delhi, the properties belonging to the Appellant - M/s. Ekaashira Agritech Pvt. Ltd., and its subsidiaries, and sister companies, were sought to be sold through a tender notice published on 01.03.2014. In the instant tender notice, one of the land which was the subject matter of sale, was located in the revenue estate of village Harsola in Indore, Madhya Pradesh. The aforesaid land was described as an agricultural land measuring approximately 205.170 hectares. The tender notice fixed the reserved price thereof, at Rs. 82.50 crores. Despite the fact that there were a number of properties put to sale through the aforesaid tender notice dated 01.03.2014, and further notices for the same purpose thereafter, it is only the above land which is a subject matter of consideration insofar as the present controversy is concerned. 3. The attention of the learned Counsel representing the Committee was invited to the following observations which were contained in the counter affidavit filed on behalf of Respondent No. 3: "That as far as issuing NOC for effecting transfer of the lands in favour of the Petitioner is concerned, the Collector, Indore; has no reservations in doing the same, as far as the 'land in question' belongs to Golden Forest (India) Limited and the sale is completed between the parties concerned in a proper legal manner. However, at the same time the Collector seeks to reserve his right to claim interest of the Government/State (if any) on the land in question, if any dispute regarding its ownership, it is raised at a future date." Learned Counsel for the Committee in spite of the factual position indicated in the counter affidavit, as mentioned hereinabove, affirms that the land measuring 195.789 hectares which has been purchased by the Appellant, belonged exclusively to Golden Forest (India) Limited. 4. It is not a matter of dispute, that the Appellant herein - M/s. Ekaashira Agritech Pvt. Ltd. was the sole bidder, for the above land. The Appellant offered Rs.83 crores for the above agricultural land measuring 205.170 hectares. A prayer has been made to alter the price offered for the above agricultural land, because as a matter of ground reality, the land which was offered (measuring 205.170 hectares) physically measured only 195.789 hectares.
The Appellant offered Rs.83 crores for the above agricultural land measuring 205.170 hectares. A prayer has been made to alter the price offered for the above agricultural land, because as a matter of ground reality, the land which was offered (measuring 205.170 hectares) physically measured only 195.789 hectares. The Appellant accordingly sought pro-rata decrease in the price, by taking into consideration the rate of the land as per the bid/offer made by the Appellant, and the land actually available. This prayer made by the Appellant before the High Court, was declined vide an order dated 23.07.2014. It is, therefore, that the Appellant has approached this Court claiming, that the deposit made by the Appellant be either returned to him, or the price be decreased taking into consideration the availability of only 195.789 hectares of land, as against the offer of approximately 205.170 hectares. 5. Having given our thoughtful consideration to the submissions advanced at the hands of the learned Counsel for the parties, we are satisfied, that the prayer made by the Appellant is wholly justified. The offer made by the Appellant, was based on the assumption, that the land which offered measured approximately 205.170 hectares. Since only 195.789 hectares of land was physically available, the Appellant could have only been charged, for the land that was available. In view of the above, we accept the first prayer made by the Appellant, and direct the Respondent-Committee to ensure the transfer of 195.789 hectares of land, in lieu of the pro-rata price determined, by making a deduction from the land offered, as against the land physically available. The Collector, Indore, Madhya Pradesh shall register the sale of 195.789 hectares of land, without any further delay, consequent upon the Appellant depositing stamp papers, keeping in mind the value of the land, which is the subject matter of sale. 6. In the second prayer made at the hands of the learned Counsel for the Appellant, it is the submission of the learned Counsel for the Appellant, that the prevalent laws in the State of Madhya Pradesh, do not allow ownership in excess of 30 acres of agricultural land. It is submitted, that the Appellant be permitted to nominate persons in whose names the sale deeds should be registered, so as to ensure that the sale transactions are in consonance with law. We find merit in the instant contention as well.
It is submitted, that the Appellant be permitted to nominate persons in whose names the sale deeds should be registered, so as to ensure that the sale transactions are in consonance with law. We find merit in the instant contention as well. It is accordingly directed that the Appellant should be permitted to furnish the names of nominees, so that the sale documents can be executed, in consonance with law. The instant prayer made by the Appellant before the High Court, was also declined. Keeping in mind that the Appellant was a sole bidder in response to the tender notice dated 01.03.2014, we are of the view that in the absence of any other bidder, it would be just and appropriate to accept the instant prayer made by the Appellant. Accordingly the names of the nominees of the Appellant, details whereof recorded hereunder, shall constitute the purchasers in whose name the Collector, Indore, Madhya Pradesh, shall register the sale deeds. S. No. Name of nominee Main survey Survey No. Area Total Area 1. Radhaswami Grah Nirman Pvt. Ltd. 24 24/4 0.745 10.149 25 25/1 0.424 25/2 0.425 26 26/1 0.756 26/2 0.757 27 27 3.133 28 28/1 0.386 28/2 0.386 28/3 0.385 28/4 0.385 29 29/1 0.592 29/2 0.592 29/3 0.591 29/4 0.592 2. Radheyshyam Real Infra Pvt. Ltd. 30 30 1.538 12.339 31 31 0.745 32 32/2 1.182 34 34/1 0.550 35 35 0.959 36 36/1 1.546 36/2 1.092 37 37/1 0.403 37/2 0.403 38 38 0.105 39 39/1 0.999 39/2[k 0.486 40 40 1.161 41 41/4 1.170 3. Ekaakshara Agritech Pvt. Ltd. 42 42/1 3.936 12.48 42/2/1 0.522 42/2/2 0.522 42/2/3 2.327 42/2/4 1.805 42/2/5 1.801 42/3 1.567 4. Manomay Agritech Pvt. Ltd. 22 22/10 0.571 7.585 22/11 0.571 23 23/2 1.882 21 21/1 0.630 21/3 0.630 21/4 1.314 1108 1108/1 1.202 1122 1122 0.785 5. Vigneshwar Agrofarms Pvt. Ltd. 42 42/4 1.905 11.933 42/6 1.315 42/7 1.424 42/8 0.930 43 43/3 0.729 43/4 0.938 43/7 0.057 43/8 0.028 43/9 0.138 44 44/3 0.186 44/6 0.559 44/7 0.089 44/10 0.656 44/12[k 0.255 47 47/3 0.435 47/4 0.071 48 + 49 48/1, 49/1 0.696 48/2, 49/2 0.802 50 50 0.162 51 51 0.154 52 52 0.210 53 53 0.194 6. Muktideva Agro Products Pvt. Ltd. 54 54 1.263 11.016 55 55/1 2.003 56 56[k 1.670 57 57/1 0.902 58 58/1 0.282 59 59/1 4.896 7.
Muktideva Agro Products Pvt. Ltd. 54 54 1.263 11.016 55 55/1 2.003 56 56[k 1.670 57 57/1 0.902 58 58/1 0.282 59 59/1 4.896 7. Ekdant Agritech Pvt. Ltd. 60 60/1 0.259 11.718 60/2 1.113 60/3 1.477 60/4 1.012 61 61/1 0.174 61/3 0.526 61/4 0.113 61/5 0.259 61/6 0.154 61/7 0.130 61/8 0.024 61/9 0.056 62 62/1 0.352 62/2 1.254 62/3 0.789 63 63/1 0.105 63/2 1.202 63/3 2.545 63/4 0.174 8. Lambodar Agritech Pvt. Ltd. 2235 2235/4 4.675 12.392 2235/5 4.205 2235/6 3.512 9. Moreshwar Agritech Pvt. Ltd. 2235 2235/2 1.560 11.987 2235/8 2.024 2235/3 0.809 2235/12 1.175 2235/13 1.560 2235/14 1.623 2235/16 1.618 2235/17 1.618 10. Ekaakshara Real Estate Pvt. Ltd. 79 79/1 0.210 11.521 79/2 0.303 79/3 0.178 61 61/2 0.992 80 80 0.210 81 81/2 1.230 83/7 0.600 83 83/8 0.202 83/9 0.597 83/10 0.258 83/12 0.133 83/13 0.437 86 86 1.299 87 87 1.238 180 180 0.599 181 181 1.902 183 183/1 0.324 184 184 0.809 11. Godawari Devcon Pvt. Ltd. 118 118/1 0.712 11.974 118/2 0.356 118/3 0.717 118/5 0.356 134 134/1 0.726 122 122/4 0.659 122/5 0.329 124 124/2 1.585 124/3 0.873 125 125/1 1.133 125/2 0.951 125/3 0.951 125/4 0.372 127 127/2 1.233 128 128/2 0.948 129 129/1 0.073 12. Vigneshwar Realinfra Pvt. Ltd. 192 192/2 1.593 12.161 196 196 1.627 198 198/1 1.343 198/2 1.254 199 199 2.513 200 200/2 0.829 201 201 1.238 202 202/1 1.343 203 203 0.421 13. Vidhyas Devcon Pvt. Ltd. 202 202/2 1.825 11.932 206 206/1 0.735 206/2 0.462 207 207/1 0.081 207/2 2.136 207/3 1.044 209 209 1.119 210 210 2.177 210/2242/d 2.023 14. Kalyaneshwar Real Trade Pvt. Ltd. 210/2242/[k 2.023 10.727 210/2242/x 2.023 211 211/2 1.416 212 212 1.153 220 220/2 4.112 15. Nikhar Devcon Pvt. Ltd. 296 296/4 0.247 11.970 332 332/4 1.209 401 401/3 0.809 402 402 1.323 403 403/1/1/3 0.809 403/1/1/4 0.809 881 881/1 1.311 962 962/2 2.023 963 963/2237/ka 0.874 963/2237/kh 0.874 963/2237/ga 0.873 963/2237/da 0.809 16. Nishitha Devcon Pvt. Ltd. 887 887/1 2.833 11.733 887/2 2.833 887/2240 1.368 888 888/2 0.726 889 889/2 0.668 899 899/3 0.405 900 900/2 0.162 903 903/2 1.716 881/4 1.022 17. Niketan Navnirman Pvt. Ltd. 1012 1012/1 0.109 12.173 1018 1018/5 0.809 1020 1020/1/kh 0.546 1028 1028 9.190 1103 1103/2 0.567 1106 1106/1 0.510 Total 195.790 7.
Nishitha Devcon Pvt. Ltd. 887 887/1 2.833 11.733 887/2 2.833 887/2240 1.368 888 888/2 0.726 889 889/2 0.668 899 899/3 0.405 900 900/2 0.162 903 903/2 1.716 881/4 1.022 17. Niketan Navnirman Pvt. Ltd. 1012 1012/1 0.109 12.173 1018 1018/5 0.809 1020 1020/1/kh 0.546 1028 1028 9.190 1103 1103/2 0.567 1106 1106/1 0.510 Total 195.790 7. Consequent upon the registration of the sale deeds, as has been indicated hereinabove, the Committee shall refund the amount paid by the Appellant in excess of sale price of 195.789 hectares of land. The appeals are allowed in the above terms.