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1972 Supreme(MP) 61

G.L.OZA, S.R.VYAS
MUNICIPAL COUNCIL, MANDSAUR, MANDSAUR MUNICIPALITY, – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
JHANJARIYA, S.D.SANGHI, S.L.Dubey

OZA, J.

( 1 ) THIS is a petition filed by the Municipal Council, Mandsaur.

( 2 ) ACCORDING to the petitioner, the Mandsaur Municipal Council was first constituted as a body corporate under the provisions of the Gwahor State Municipalities Act, samvat 1993, and the limits of the Mandsaur Municipality were defined under that act. This Act was repealed by the Madhya Bharat Municipalities Act, 1954, which came into force from 10th Jan. , 1954. It is alleged that by virtue of Section 2 of this Act the limits of the Mandsaur Municipality, defined under the Gwahor Act, and the Municipal Committee constituted under that Act were continued as Section 2 of the Madhya Bharat Act provided that it shall be deemed to be constituted under the new Act. The Madhya Bharat Act was repealed by the M. P. Municipalities Act, 1961, which came into force from 1st February, 1962. Section 2 of this Act provides for existing municipalities, and the Mandsaur Municipality continued as if it was constituted under the new Act. It is alleged that Section 24 of the Gwalior Act provided for the acquisition of property by the municipality either by way of transfer in its favour or by other means. According to the pe

















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