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2017 Supreme(MP) 212

SUJOY PAUL
Arvind Kumar Jain – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri Sanjay Agrawal
For the Respondents: Shri Sudeep Chaterjee, Shri V.S. Shroti, Shri Sourabh Soni

ORDER :

Sujoy Paul, J.

This petition filed under Article 226 of the Constitution takes exception to the order dated 4.3.2006 Annexure P/14 and contains a prayer to declare the scheme as having been lapsed and abandoned in respect of Phase No.II. The petitioners prayed for a declaration that land of petitioners be treated as released from vesting. The challenge is also made to the resolution No.2 of Municipal Council dated 5.7.2006 Annexure P/20 and consequent advertisement of plots by Annexure P/21. A writ of mandamus is prayed for against Municipal Council, Itarsi for according permission to construct Jain Temple. The petitioners have prayed for a writ of prohibition for restraining the Municipal Council from taking over possession of petitioners' land and using the same for any other purpose whatsoever. Lastly, the challenge is made to the appellate order dated 25.11.2006 whereby the Statutory Appellate Committee has rejected the appeal of the petitioners.

2. Briefly stated, the relevant facts are that the petitioners were owners of certain land in Itarsi. The erstwhile Itarsi Town Improvement Trust (for short 'Trust") was constituted under the M.P. Town Improvement Trust Act, 1960







































































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