JUDGMENT

ARUN MISHRA, J.

1. Leave granted.

2. The appeals arise out of judgment and order dated 9.5.2016 passed by the High Court of Madhya Pradesh at Jabalpur and as against order dated 30.9.2010 passed by the Division Bench of the High Court of Madhya Pradesh at Indore thereby affirming the judgment and order passed by the learned Single Judge.

3. The matter arises out of Bhopal Municipal Corporation and Indore Municipal Corporation. The action taken by the Municipal Corporations of Bhopal and Indore under section 305 of Madhya Pradesh Municipal Corporation Act, 1956 (hereinafter referred to as ‘the Act of 1956’) has been questioned. The Single Bench at Jabalpur had allowed the writ application and held that the land be acquired under the provisions of the Act of 2013. Aggrieved thereby, writ appeals were filed by Bhopal Municipal Corporation which have been allowed by the impugned judgment and order dated 9.5.2016 by a Division Bench of the High Court of M.P.

4. With respect to Bhopal the facts are being narrated from the matter in-between A.K. Pali & Ors. v. State of M.P. & Ors. The State Government through Municipal Corporation, Bhopal as a nodal agency decided to develop Bus