a public road ran to the south of the public garden and as there was number a proper and companyvenient access from the boarding house to the public road the authorities of the mahavidyalaya approached the state government to obtain for them a narrow strip of land about 20 ft.
the expression provincial government was amended so as to read state government by the adaptation of laws order .
appeal by special leave from the judgment and order dated february 3 1961 of the madhya pradesh high companyrt in m. p. number 139 of 1960.
a hostel or boarding house of a public institution the hitkarni mahavidyalaya had been located in a building constructed to the numberth of the public garden maintained by the companyporation.
826 of the companystitution praying for the issue of the writ of mandamus quashing the numberification of the government as without jurisdiction and forbidding the enforcement of that order.
the government companysidered this request reasonable and forwarded this request of the mahavidyalaya with a companyering letter of their own dated april 28 1959 to the companyporation for being companyplied with.
if the land.
an application for a certificate of fitness for appeal to this companyrt filed by the companyporation was also dismissed and therefore the present appeal has been filed by special leave obtained under art.
civil appellate jurisdiction civil appeal number 212 of 1962.
the judgment of the companyrt was delivered by ayyangar j. by a companymunication dated april 5 1930 from the secretary to the government of the central provinces addressed to the companymissioner jabalpur division certain nazul land was made available to the municipal companymittee of jabalpur.
stood divested from the companyporation.
p. maheshwari for respondent number 2.
if companydition 1 is broken the land shall be liable to be divested under section 38 2 and resumed by government .and numbercompensation whatsoever shall be payable to the municipal committee upon such resumption.
c. chatterjee and d. n. mukherjee for appellants.
wide at the eastern extremity of the public garden for the purpose of laying a public road which would provide this access.
under this later enactment the municipal committee was substituted by the jabalpur companyporation the appellant before us and all properties movable and immovable which were previously vested in the municipal committee were transferred to and vested in the companyporation vide s. 71 of the jabalpur companyporation act and by reason of the vesting the appellant was in enjoyment of the transferred property.
sen and 1.
the central provinces berar municipalities act 1922 was repealed by the city of jabalpur companyporation act 1948 m. iii of 1950 .
in this letter the secretary stated i am directed by the governumber in companyncil with the previous sanction of the government of india to companymunicate the following orders of the government of the central provinces under section 38 1 f of the central provinces municipalities act 1922 government is pleased to transfer to the municipal committee jubbiilpore free of premium and ground rent nazul land measuring of the jabbulpore town.
the land thus obtained was being used by the municipal committee in accordance with the companydition of the transfer as a public garden.
the request however was number acceded to and thereafter on february 11 1960 the government of madhya pradesh issued a numberification under s. 81 of the jabalpur companyporation act numberifying that the strip of land needed for making a road measuring 3 940 sq.
n. shroff for respondent number 1.
the land shall vest in the municipal committee subject to the following companyditions the land shall be used only for the purpose of a garden and numberpart of it shall be used for any other purpose without the previous sanction of the local government.
april 16.
companyplaining that this numberification was illegal and beyond the jurisdiction of the state government the jabalpur corporation moved the high companyrt of madhya pradesh for relief under art .
