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1996 Supreme(SC) 1388

K.RAMASWAMY, FAIZAN UDDIN
Winky Dilawari – Appellant
Versus
Amritsar Improvement Trust, Amritsar – Respondent


ORDER

This appeal by special leave arises from the judgment and order of the learned single Judge of the Punjab & Haryana High Court made in RSA No. 2071/92 on August 2, 1993. The admitted facts are that the respondent-Trust had framed a Scheme for providing passage to Guru Nanak Stadium from the main road, namely, Madan Mohan Malviya Road under Section 36 of the Punjab Town Improvement Act, 1922 (for short, the "Act"). The Scheme in that behalf was framed and notices were issued of the factum of framing of the Scheme; objections were invited and the Scheme was published under Section 78 in the weekly newspaper s for three consecutive weeks and also in the State Official Gazette. It was also published in the newspapers in the locality within the specified period. The notice of the Scheme was sent to the President of the Municipal Committee and to the Medical Officer under subsection 2(b) of Section 36 of the Act. No objections in that behalf came to be made. Thereafter, the Government had approved the Scheme under Section 40 of the Act. By operation of Section 42(2) of the Act, the approval of the Scheme having been published under Section 42(1), it became conclusive evidence that t
















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