M. R. SHAH, B. V. NAGARATHNA
Indore Development Authority – Appellant
Versus
Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Delay condoned. Substitution allowed. Abatement is set aside. Cause title be amended accordingly.
1A. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 28.08.2014 passed by the High Court of Madhya Pradesh at Indore in Writ Appeal No. 873 of 2008 and other connected writ appeals, by which the Division Bench of the High Court has dismissed the said appeals, confirming the common judgment and order dated 10.12.1998 passed by the learned Single Judge whereby the learned Single allowed the respective writ petitions against finalisation of Scheme No. 97 under Section 50 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as the ‘Adhiniyam’) and the subsequent land acquisition proceedings undertaken by the State of Madhya Pradesh under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act, 1894’), the Indore Development Authority has preferred the present appeals.
2. The facts leading to the present appeals in a nutshell are as under:
The Indore Development A
Interpretation of the word “implementation” occurring in Section 54 of the Adhiniyam.
Lapsing of Scheme in my considered opinion would invalidate designation of property as a civic amenity and all further actions taken in connection thereto, if Scheme is not implemented in respect of ....
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
Court held that land acquisition proceedings are invalid if statutory requirements, such as preparing a housing scheme and addressing objections, are not fulfilled, leading to non-compliance with the....
Even though there is no period of limitation for filing petitions under Articles 32 and 226 of the Constitution, the petitioner should approach the Court without loss of time and if there is delay, t....
Section 24(2) of Act of 2013 does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of....
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