S.S.JHA, P.K.JAISWAL
Municipality, Raghogarh – Appellant
Versus
Gas Authority of India Ltd. – Respondent
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
1. Subhash Chand Jain v. M.P.E.B. = [2001 (l) JLJ 81 = (2000(3) MPLJ 522)]
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