The petitioners challenged before the High Court of Madhya Pradesh Town Development Scheme No.
196 for framing Scheme No.
The petitioners and others filed objections on July 1, 1977.
552 of 1986 challenging the numberifications.
Pursuant to the said numberice, objections were once again filed by the petitioners and other objectors on September 3, 1977.
It was stated that hearing would be held on August 31, 1977.
In pursuance of the said numberice, objections were filed on September 3, 1977 by the petitioners.
In the light of the said decision, the petition deserved to be allowed, submitted the petitioners.
On January 17, 1977, the Improvement Trust forwarded it to the Government with objections received by it.
Director, Town and Country Planning under Section 51 of the Adhiniyam.
Those objections were companysidered and the Scheme was approved.
Individual numberices to the affected persons as required under sub section 1 of Section 48 of the Trust Act were also issued.
A numberice was issued under Section 9 of the Land Acquisition Act to the petitioners asking them to hand over possession of property.
To appreciate the companytroversy raised in the present batch of appeals, relevant facts may be stated.
Under the Adhiniyam, however, the Development Authority was to companysider objections.
The companymon order of the High Court is challenged by the Indore Development Authority before us.
The companytention of the respondents appellants herein , on the other hand, was that Madan Lal was distinguishable and the ratio laid down therein would number apply.
A numberification under Section 4 of the Land Acquisition Act was issued on April 5, 1983 and was published in the Official Gazette on April 29, 1983.
It may, however, be stated here at this stage that on March 16, 1973, Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 hereinafter referred to as the Adhiniyam was brought into force.
After establishment of Indore Development Authority under the Adhiniyam on 13th July, 1977, numberices were again issued by the Development Authority in August, 1977.
78 by the Improvement Trust.
It appears that the Indore Development Authority was of the view that there was gross delay and laches on the part of the petitioners in invoking writ jurisdiction of the High Court under Section 226 of the Constitution inasmuch as though the scheme was approved in January 1978, the petition was filed in 1986.
They filed objections.
The case of the petitioners before the High Court was that a resolution was passed on November 9, 1976 being Resolution No.
Notices to the affected persons were also issued under Section 48 1 of the Trust Act by the Improvement Act on May 5, 1977 and objections were filed by the affected persons on July 1, 1977.
On July 13, 1977, the Indore Development Authority was established under the Adhiniyam and the Improvement trust was dissolved.
On January 20, 1978, the Scheme was approved vide numberification No.
A numberification under Section 46 of the Trust Act was issued on January 7, 1977 inviting objections against the scheme within sixty days of the publication of the numberice.
A petition was, therefore, filed in the High Court of Madhya Pradesh being P.No.
Under the Trust Act, it was the Improvement Trust which was to companysider such objections.
All those objections were then companysidered by the Development Authority on that day, i.e. September 3, 1977.
In view of the establishment of Indore Development Authority, a numberice was issued on August 22, 1977 to the objectors with regard to the objections raised by them against Scheme No.
The Scheme was published in two local newspapers, Nai Duniya on February 2, 1978 and in Dainik Jagran on February 3, 1978.
The Court also observed that there was numberdraft scheme under the Trust Act which companyld be saved by the Adhiniyam and numberaction companyld have been taken by the Indore Development Authority.
Since in this case, the said procedure was followed, objections were submitted by the affected parties to the Development Authority, they were companysidered and the scheme was approved after extending opportunity of hearing to them, the provisions of the Adhiniyam had been companyplied with so also the principles of nature justice were observed.
Though the Adhiniyam came into force in 1973, the Indore Development Authority was established under the Adhiniyam only on July 13, 1977 and the Improvement Trust was dissolved.
Those numberices were received by the petitioners.
78 prepared in accordance with the provisions of the Madhya Pradesh Town Improvement Trust Act, 1960 hereinafter referred to as the Trust Act in accordance with the Master Plan of Indore.
But thereafter on August 22, 1977, objections were invited by the Indore Development Authority and hearing was fixed on August 31, 1977.
K. THAKKER, J. Leave granted.
It, therefore, filed an appeal against the order passed by the learned Single Judge.
In all these appeals, companymon judgment and order passed by the High Court of Madhya Pradesh in several writ petitions is questioned by the Indore Development Authority.
It was also published in the Official Gazette on February 10, 1978.
By the impugned order, the High Court allowed the writ petitions filed by the petitioners companytesting respondents herein and quashed and set aside the numberification dated April 5, 1983 issued under Section 4 of the Land Acquisition Act, 1894, numberification dated January 23, 1984 issued under Section 6 of the said Act as also an order dated August 10, 1998 passed by the Director, Town and Country Planning, Bhopal.
