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1970 Supreme(MP) 12

BISHAMBHAR DAYAL, K.L.PANDEY
BENI PRASAD TANDAN AND ORS. – Appellant
Versus
JABALPUR IMPROVEMENT TRUST AND ORS. – Respondent


Advocates Appeared:
H.J.Khaskalam, Y.S.DHARMADHIKARI

PANDEY, J.

( 1 ) THIS order shall dispose of Miscellaneous Petition No. 357 of 1968 also. Both these petitions are directed against- ( i) Development Scheme No. 5 framed by the Jabalpur Improvement trust (respondent 1) and sanctioned and announced by the State government (respondent S) under the provisions of the M. P. Town improvement Trusts Act, 1960 (hereinafter called the Act); (ii) sanction accorded to that Scheme by the State Government and announced by a notification dated January 18, 1965, issued under section 52 (1) of the Act and further sanction given by an order dated september 14, 1965, passed under Section 70 of the Act to acquisition of the land needed for the Scheme; and (iii) all orders passed and notices issued thereafter in regard to the scheme, acquisition of land therefor and delivery of possession of such land, the petitioners have further asked for a writ of mandamus to restrain the respondents from giving effect to the aforesaid Scheme.

( 2 ) THE broad facts that gave rise to these petitioners may be shortly stated. The respondent 1 framed Development Scheme No. 5 for shifting the existing wholesale grain market and Dal and Oil Mills and other like industrie























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