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1979 Supreme(MP) 62

G.P.SINGH, B.C.VARMA
TARA MALIK – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
Gulab Gupta, M.V.TAMSKAR

G. P. SINGH, C. J.

( 1 ) THIS order shall also dispose of Misc. Petns. Nos. 181 and 192 both of 1974.

( 2 ) THE petitioner in Misc. Petn. No. 40 of 1973 is the owner of Block No. JFG HI forming part of Bungalow No. 9 of Kings-way situated within the limits of the jabalpur Cantonment. The petitioners in Misc. Petn. No. 181 of 1974 are owners of the building known as Navneet Talkies which is also situated within the limits of the said Cantonment. The petitioners in Misc. Petn. No. 192 of 1974 are owners of the plot of land over which Navneet Talkies stands and which was leased out by them for construction of the cinema building. The petitioners in all these petitions which are filed under Articles 226 and 227 of the Constitution, pray that the extension of the Madhya Pradesh Nagariya Sthawar Sampatti Kar adhiniyam, 1964, to Cantonment areas be declared ultra vires of the constitution.

( 3 ) THE Adhiniyam was enacted by the Madhya Pradesh State Legislature and it came into force on 1st April 1964. Section 1 (2) of the Adhiniyam provides that it extends to the whole of Madhya Pradesh. As stated in Section 1 (4), the adhiniyam applies to "all urban areas having population of ten thousan










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