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1996 Supreme(MP) 650

K.RAMASWAMY, G.B.PATTANAIK
Malwa Oil Mills – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.K. Chitale with Sushi Kumar Jain for appellants; Niraj Sharma with S.K.
Agnihotri for respondents No.1 and 3.

ORDER

1. This appeal by special leave arises from the judgment and order of Division Bench of the Madhya Pradesh High Court, Indore Bench made on November 21, 1980 in Misc. Petition No. 44/79. The respondents issued a notice to the appellants calling upon them to remove the sign-board put up by the appellants in the property in question. Calling that notice in question, the appellants filed writ petition in the High Court admitting that pursuant to a notification issued under Section 71 of the M.P. Town Improvement Trust Act 1960, a housing scheme was evolved and pursuant to that notification the land stood vested in the Housing Board. It is their further case that thereafter since possession could not be secured by the Housing Board, the appellants association was requested by a letter to have the possession secured from the illegal occupants and subsequent thereto industrial scheme was formulated since the mills were burnt out in a fire. On the basis thereof, they secured the possession and entered into an agreement with the erstwhile owners in respect of plot Nos., 4 & 5 in the said land of an extent of 19338 sq.ft. and subsequently, they obtained sale deed on 21.8.1972 for a con









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