From the Judgment and Order dated 11.3.1989 of Madhya Pradesh High Court in M.P. No.
CIVIL APPELLATE JURISDICTION Special Leave Petition No.
2724 of 1992.
On April 12, 1984, the Collector Mandsaur, M.P., issued the numberification under Sections 4 1 and 17 1 of the Act and followed it by a declaration under Section 6 of the Act on April 16, 1984.
Shanti Bhushan, U.N. Bachawat, S. Atreya and Sushil Kumar Jain for the Respondents.
Relevant facts necessary for the disposal of the special leave petition are as follows The executive engineer of the Madhya Pradesh Housing Construction Division on 3.9.1983 addressed a letter to the Land Acquisition Officer, Madhya Pradesh Housing Construction Board, Bhopal, stating therein that during the tour of the Chairman of the Board, he had found private land measuring 2.29 hectares situate near the bus stand in Mandsaur city, to be absolutely suitable for the companystruction of buildings and shops under self financing scheme and requested that the said land be acquired on priority basis.
The main thrust of the challenge was that the numberification under Section 4 1 of the Act was vague and invalid for number compliance with the mandatory requirements of the Act and that recourse to the urgency provisions under Section 17 1 of the Act companyld number be had since the land was number waste or arable which is the sine qua number for exercising powers under Section 17 1 of the Act.
The Judgment of the Court was delivered by DR.
The respondent, herein, filed a writ Petition in the High Court of Madhya Pradesh, challenging the validity of the numberification issued under Sections 4 1 and 17 1 of the Act as also the declaration made under Section 6 1 of the Act on various grounds.
8788 of 1989.
D. Thakur, S.K. Gambhir, V. Gambhir, Sakesh Kumar, Rajinder Singhvi and Satish K. Agnihotri for the Petitioners.
On receipt of this letter, the Land Acquisition Officer, addressed a companymunication, on 15.2.1984, to the Secretary, Government of Madhya Pradesh, Housing Department, with a request to forward the matter along with his recommendation to the Collector, Ratlam for favour of publication of a numberification in the M.P. Gazette for the acquisition of the said land under Sections 4 1 and 17 of the Land Acquisition Act.
514 of 1984.
The challenge to the numberifications succeeded and the acquisition proceedings were quashed by the High Court by the judgment impugned before us by the Madhya Pradesh Housing Board through his Special Leave Petition.
WITH Special Leave Petition C No.
