Doabia, J. -- 1. This letters patent appeal is directed against the order of a learned single Judge of this Court wherein he came to the conclusion that the writ petition bearing No. 295 of 1995 preferred by the present appellant is liable to be dismissed on the ground of delay and laches. This opinion expressed by the learned single Judge is being assailed in the present appeal. In this appeal, additional grounds which have been taken be also noticed :

(i) that, the appellant - Mullo Bai was also a person interested and she was required to be given a separate notice;

(ii) that, it is also contended that a nonce as required under section 46 of the Madhya Pradesh Town Improvement Trust Act, 1960, was not served on the present appellant, and therefore, all subsequent proceedings taken are null and void.

2. With a view to appreciate the arguments raised by the learned counsel for the appellant, a brief history vis-a-vis these acquisition proceedings be noticed.

The Gwalior Town Improvement Trust framed a scheme. This was duly accorded sanction by the State Government. Notification under section 52 of the M.P. Town Improvement Trust, Act, 1960 (hereinafter referred to as the Act) w