SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2005 Supreme(MP) 597

S.S.JHA, P.K.JAISWAL
Municipality, Raghogarh – Appellant
Versus
Gas Authority of India Ltd. – Respondent


Advocates:
R.D. Jain with D.PS. Bhadoriya for appellant;
H.D. Gupta and Vijay Sundaram for respondent No.1;
Smt. Ami Prabal, Govt. Advocate for respondents No.2 to 7.

JUDGEMENT

Jha, J. -- 1. Since in both these appeals common questions of law arise and they are decided by common judgement by the trial Court, they are heard and decided together.

2. In First Appeal No. 175/95 respondent No.1 Gas Authority of India Limited (hereinafter, referred to as "GAIL") failed a civil suit and, in First Appeal No. 1/96 respondent No.1 National Fertilizers Limited (hereinafter, referred to as "NFL") failed a civil suit in the Court of District Judge, Guna. for declaration and perpetual injunction. Prayer in the suit filed by the GAIL was that the defendants 2 and 3, i.e_, Director. Town and Country Planning, and Joint Director, Town and Country Planning, have no jurisdiction to permit defendant No.4 Chief Executive Officer. Special Area Development Authority, Raghogarh to recover the external development fees. It is further prayed that the defendant No.6 Tehsildar, Tehsil Raghogarh. District Guna, has no jurisdiction to recover the said' fee from the plaintiff which is Government of India Undertaking. Similarly, in the suit filed by the NFL, it is prayed that the recovery of Rs. 2,53,00,000/-(Rs. two crore fifty three lac) as external development charge and its





































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top