JUDGMENT

G.S. Singhvi, J. —

1. Whether Town Planning Scheme No. 14 (hereinafter described as ‘the Scheme’) framed by appellant - Jabalpur Development Authority could not be implemented in respect of the land of the respondents due to the alleged non-compliance of Sections 50 and 56 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short, ‘the Act’) is the question which arises for consideration in this appeal filed against order dated 17.8.2001 by which learned Single Judge of the Madhya Pradesh High Court dismissed in limine the second appeal preferred by the appellant against judgment and decree dated 21.4.1999 passed by IX Additional District Judge, Jabalpur (hereinafter referred to as, ‘the lower appellate Court’) in Civil Appeal No. 36-A of 1998 whereby the decree passed by 15th Civil Judge Grade II, Jabalpur (hereinafter referred to as, ‘the trial Court’) in a suit for declaration and injunction was upheld.

2. The appellant is a body corporate constituted under Section 38 of the Act. In May 1980, the appellant decided to prepare the Scheme covering an area of 104.25 hectares including the land of the respondents comprised in khasra No. 164/2 for construction