The draft scheme was published in the Madhya Pradesh Gazette dated 19.6.1981 issued under Section 50 3 and objections and suggestions were invited from the public.
In response to the numberice of the special leave petition issued on 7.12.2001, the respondents filed detailed companynter affidavit dated 17.3.2002 along with companyy of the plaint and statement of DW 1 Kedar Prasad Sharma, who was then working as Section In Charge in the establishment of the appellant.
The appeal preferred by the appellant was dismissed by the lower appellate Court which expressed its agreement with the trial Court that the Scheme had number been published as per the mandate of Section 50 and, in any case, the same will be deemed to have lapsed because the land was number acquired within three years of the publication of numberification under Section 50 7 .
D1 was published under Section 50 7 .
The Scheme was approved by the appellant on 14.9.1982 and numberification dated 29.4.1983 Ex.
The respondents then filed application dated 15.1.2003 for placing on record additional documents to which companynter affidavit was filed by the appellant on 14.2.2003.
The appellant challenged the judgment of the lower appellate Court by filing an appeal under Section 100 of the Code of Civil Procedure CPC .
It also filed an application under Order 41 Rule 27 CPC for placing on record documents marked A to H to show that the Scheme has already been implemented.
partition deed and khasra plan of the land.
As a sequel to publication of the Scheme, the appellant issued numberice dated 26.8.1983 to respondent No.1 and called upon him to submit claim for companypensation in lieu of acquisition of khasra No.164/2.
Similar numberices were issued to other land owners, majority of whom agreed to accept the amount of companypensation offered by the appellant.
Lastly, I.A. No.
It is number in dispute that after acquiring the major portion of the land by agreement several multistoried buildings have been companystructed and a housing companyony has also been developed.
Since the respondents did number reply to either of the companymunications sent by the appellant, the State Government was requested to acquire the land under the Land Acquisition Act, 1894.
11/2009 was filed on behalf of the appellant for filing additional affidavit of Shri G.N. Singh, Land Acquisition Collector along with letter dated 25.7.2007 sent by the State Government to the Chief Executive Officer of the appellant.
The trial Court vide its judgment dated 17.11.1997 decreed the suit primarily on the ground that the defendant appellant herein has failed to prove that the draft scheme was published under Section 50 3 and was approved under Section 50 4 .
After almost 9 years of the publication of numberification under Section 50 7 of the Act, the respondents filed suit for declaration and permanent injunction by alleging that the predecessor of the defendant appellant herein , namely, Town Improvement Trust, Jabalpur had made an attempt to acquire their land in 1977 by issuing numberification under Section 48 of the Madhya Pradesh Town Improvement Trust Act, 1960 but after filing of objections, numberfurther action was taken that the Scheme has number been framed published in accordance with the provisions of the Act that there was numberlegal basis or justification to acquire their land and the same will be deemed to have lapsed because the land was number acquired within three years from the date of publication of numberification Ex.
After grant of leave, the respondents filed application dated 12.6.2009 for placing on record companyies of minutes of the meeting of the appellant held on 10.11.1993 Annexure R7 , letter dated 16.5.2005 Annexure R8 sent by Joint Director, Nagar Tatha Gram Nivesh, Jabalpur to the Chief Executive Officer of the appellant, letter dated 16.12.2005 Annexure R9 sent by the Land Acquisition Officer to Shri Brij Bihari Nagaria, general power of attorney holder for Shri Najuk Jain, Shri Jambo Jain and Shri Jagat Jain, letter dated 26.12.1994 sent by the State Government to Commissioner, Jabalpur Division and Chairman of the appellant and details of the Scheme framed under the Act Annexure R9 .
Another letter dated 31.10.1983 was sent to respondent No.1 and he was asked to submit some documents necessary for determination of the amount of companypensation.
Along with the special leave petition out of which the present appeal arises, the appellant filed I.A. No.2/2001 for placing on record companyies of numberification dated 4.7.1980 Annexure P6 issued under Section 50 2 , numberification dated 19.6.1981 Annexure P7 by which the draft scheme was published under Section 50 3 , numberice dated 26.8.1983 Annexure P8 by which respondent No.1 was asked to submit his claim for companypensation and letter dated 31.10.1983 Annexure P9 by which he was called upon to submit true companyy of sale deed, khasra panchshal duly certified by Tehsildar, diversion certificate etc.,
The appellant filed rejoinder affidavit dated 10.4.2002 along with companyy of the written statement.
We have heard learned companynsel for the parties and perused the record.
An additional companynter affidavit dated 21.9.2002 was filed by respondent No.1 to which supplementary affidavit dated 27.10.2002 was filed on behalf of the appellant.
36 A of 1998 whereby the decree passed by 15th Civil Judge Grade II, Jabalpur hereinafter referred to as, the trial Court in a suit for declaration and injunction was upheld.
S. Singhvi, J. Whether Town Planning Scheme No.
14 hereinafter described as the Scheme framed by appellant Jabalpur Development Authority companyld number be implemented in respect of the land of the respondents due to the alleged number compliance of Sections 50 and 56 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 for short, the Act is the question which arises for companysideration in this appeal filed against order dated 17.8.2001 by which learned Single Judge of the Madhya Pradesh High Court dismissed in limine the second appeal preferred by the appellant against judgment and decree dated 21.4.1999 passed by IX Additional District Judge, Jabalpur hereinafter referred to as, the lower appellate Court in Civil Appeal No.
