SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1990 Supreme(SC) 127

K.JAGANNATHA SHETTY, KULDIP SINGH
Indore Development Authority – Appellant
Versus
Madan Lal – Respondent


Advocates:
AVADH BIHARI ROHTAGI, G.L.SANGHI, Jitender Sethi, R.KARANJAWALA, S.C.BAGADIYA, S.K.Gambhir, SHANTI BHUSHAN, V.K.Jain, VIVEK GAMBHIR

JUDGMENT

K. JAGANNATHA SHETTY, J. :- We have four appeals before us in which Indore Development Authority is the common appellant. For the purpose of implementing the Town Development Scheme No. 72, the Development Authority acquired lands belonging to the respondents. The validity of the acquisition was called into question by way of writ petitions under Article 226 of the Constitution before the High Court of Madhya Pradesh. The legality of the Town Development Scheme No. 72 was also challenged. The High Court has accepted the writ petitions and quashed the acquisition. The Development Authority has appealed to this Court by obtaining special leave.

2. The facts are substantially undisputed and may be stated as follows. On 16 March 1973, M.P. Nagar Thatha Gram Nivesh Adhiniyam, 1973 ("Adhiniyam) was brought into force. Prior to that date, there was in force an Act called M. P. Town Improvement Trust Act, 1960 ("The Trust Act). Under the Trust Act, the Indore Improvement Trust was constituted. The Indore Improvement Trust framed a Town Expansion Scheme No. 72 under the provisions of the Trust Act. It invited objections from persons whose lands were proposed to be acquired for execut



























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top