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1996 Supreme(SC) 1177

G.B.PATTANAIK, K.RAMASWAMY
Indore Development Authority – Appellant
Versus
Balkrishna – Respondent


ORDER

Leave granted.

We have heard learned counsel for the parties.

2. This appeal by special leave arises from the order of the Division Bench of the M.P. High Court made on April 19, 1994 in Misc. Petition No. 885/87. The admitted facts are that Town improvement Scheme No. 54 was framed under the provisions of th M.P. town Improvement Trust Act (for short, Trust Act ). The Scheme consists of 629.43 acres of land situated in Indore of which 4.85 acres is the subject matter in this appeal. The Government had sanctioned this scheme under Section 54 of the Act. On September 16, 1966, the scheme was published in the State Gazette under Section 52(1) of the Act. Therefore, it is a conclusive evidence that the scheme was framed and sanction was duly granted by the Government. In other words, it has given conclusiveness to the public purpose. The Government under Section 70 of the Act accorded sanction for the acquisition of the land. Notification under Section 70(1) of the Act was published on August 22, 1973. Consequently, by operation of Section 71(2) of the Act, the land on and from the date of such publication, stood vested absolutely in the trust free from all encumbrances. Sub-se









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