It was further stated that the land was mortgaged to the State Bank for about Rs.
Therefore the Trust published a Notification in the Government Gazette dated September 8, 1972, acquiring the said land and under section 71 2 of the Act the land vested absolutely with the Trust free from encumbrances from the date of the publication.
2 to acquire the land under section 70 of the Act, and the Notification was duly published on September 27, 1968.
The petitioner personally wanted to develop his land for industrial purposes and with that end in view obtained No Objection Certificates from various Government Departments as well as from the Trust.
2 lakhs and the companypensation that would be required to be paid by the Trust would be necessarily higher than in the case of other suitable vacant lands.
The petitioner submitted his objections on April 15, 1965, stating, inter alia, that the land was being developed into industrial area and several small scale industries were functioning there and as such development was already in progress.
The Trust duly applied to the State Government for sanction of the Scheme which was accorded on April 19, 1968, under section 51 of the Act.
The applications are directed against what is described as a Housing Accommodation Scheme sanctioned by the Indore Improvement Trust briefly the Trust under the Madhya Pradesh Town Improvement Trust Act 1960 briefly the Act .
It was also stated that the land having been put to the use of industrial purposes companyld number be re converted for the purposes of housing accommodation.
The petitioner filed his objections under section 68 2 against the proposed acquisition of the land but these were rejected and the Trust obtained sanction of the State Government respondent No.
Trust of October 26, 1964, that a scheme was being approved for his land and other neighbouring lands and, therefore, the, Trust was unable, to issue the, No Objection Certificate for development of his land on individual basis.
The petitioner also succeeded in companyverting his patta from agricultural purpose to industrial purpose, subject, inter alia, to the limitation that the companystruction work on the land shall be carried out in accordance with the plans sanctioned by the same Improvement Trust Annexure G Later, however the petitioner found from a letter of the.
N. Shroff, for the Respondent No.
62 under section 46 1 of the Act and published a numberice to that effect in the Gazette and in local newspapers in 1965.
517 of 1972 240 of 1973.
The Trust framed a Scheme No.
The Trust published a numberice dated July 12, 1968, under section 68 1 of the Act declaring its intention to acquire the land.
ORIGINAL APPELLATE JURISDICTION Writ Petitions Nos.
Petition under Article 32 of the Constitution of India.
240/73 , S. P. Phadnis and S. K. Gambhir, for the Petitioners In both the Petitions .
The representations which the Petitioner made against the Scheme were of numberavail.
The Petitioner was given a hearing but ultimately the representations were , rejected.
517 of 1972 and 240 of 1973.
There was an earlier attempt to acquire the land of the petitioner by sanctioning a scheme in July 1961 but the same was cancelled some time, in September 1962.
The Scheme includes the, land of the petitioner.
517/72 .
V. Patel In WP.
1 In WP.
2401 The Judgment of the Court was delivered by Goswami, J. This judgment will govern Writ Petitions Nos.
517 of 1972 may alone be sufficient.
1 2 In WP.
M. Jain, for the Respondents Nos.
Brief facts of Writ Petition No.
