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2023 Supreme(Chh) 449

SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
Shankar Lal Verma S/o Late Bukhan Lal Verma – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sushobhit Singh.
For the Respondent: Amrito Das.

ORDER :

1. The effect of not laying the impugned amendment in the Rules relating to assessment and imposition of premium for diversion under Section 172 read with Section 59 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code’) before the State Legislative Assembly in contravention of the laying clause contained in Sub-Section (4) of Section 258 of the Code, is the issue involved in this writ petition.

2. The aforesaid question arises in the following factual backdrop.

3. The erstwhile State of Madhya Pradesh enacted rules regarding alteration of assessment and imposition of premium for diversion under Section 172 read with Section 59 of the Madhya Pradesh Land Revenue Code, 1959 for diversion from a non-agricultural purpose to an agricultural purpose in non-urban and urban areas and diversion from an agricultural purpose to a non-agricultural purpose, by notification dated 6-1-1960 which was in vogue till the impugned notification issued on 4-2-2020, whereby the State of Chhattisgarh notified amendment in the notification dated 6-1-1960 exercising power and jurisdiction under Section 258(1) read with Section 59 of the Code making revision of rates in diversion of change

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