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2013 Supreme(MP) 292

S.K.Gangele, D.K.Paliwal
Madhav Institute of Technology and Science – Appellant
Versus
Cimmco Birla Ltd. Gwalior and others – Respondent


Advocates:
Ogh-ds- Hkkj}kt lfgr vuos’k tSu fjV vihy Ø- 374@09 esa vihykFkhZ dh vksj ls rFkk fjV vihy Ø- 610@10 esa izR;FkhZ Ø- 2 dh vksj ls( jksfgr vk;Z lfgr iz’kkar ‘kekZ nksuksa vihyksa esa izR;FkhZ Ø- 1 dh vksj ls( foosd [ksM+dj] mi egkf/koäk fjV vihy Ø- 374@09 esa izR;FkhZ Ø- 2 ls 5@jkT; rFkk fjV vihy Ø- 610@2010 esa vihykFkhZ dh vksj lsA
V.K. Bharadwaj with Anvesh Jain for appellant in W.A. No. 374/2009 and for respondent No. 2 in W.A. No. 610/2010; Rohit Arya with Prashant Sharma for respondent No. 1 in both appeals; Vivek Khedkar, Dy. Advocate General for respondents No. 2 to 5/State in W.A. No. 374/09 and for appellant in W.A. No. 610/2010.

JUDGMENT

Gangele J.1. These two writ appeals have been filed against the common order dt.31.7.2009 passed in W.P.No.1103/2003 and W.P.No.4978/2009.

2. The respondent No.1 is a company incorporated under the provisions of Indian Companies Act. Initially the name of the company was “Texmaco (Gwalior) Limited”. Subsequently, it was changed as “Cimmco Birla Ltd.” An agreement was entered on 7th April 1947 between Govt. of Gwalior State through its Minister for Industries, Commerce and Communication and M/s Birla Brothers Ltd. Gwalior State granted permission to establish certain industries. It also granted sufficient and adequate land or lands for the purpose of establishment of factory and also granted other benefits including exemption from payment of tax. In pursuance to the aforesaid agreement, Secretary, Industries Commerce and Communication Gwalior Govt. ordered that a plot “A” was handed over to the Director of the Cimmco company and possession of a triangular plot No. “A” was given to the company on 24th May 1947. The area of the plot is mentioned in a map attached with the order. The plot area of the plot was 32 Bigha 9 Biswa consisting of 15 khasra nos. The details are a



















































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