The respondent was served with a numberice issued to mm by the Land Acquisition Officer.
It had power to acquire land under the provisions of Section 291 of the City of Jabalpur Corporation Act, 1948 C. P. and Berar Act III of 1950 , hereinafter called the Act, for carrying out any of the purposes mentioned in Chapter XXIII of Part VI of the Act, which deals with improvement schemes relating to lands, buildings and streets.
The appellant, the Municipal Corporation of the City of Jabalpur, hereinafter called the Corporation, applied to the Land Acquisition Officer, Jabalpur, for acquiring certain land in March 1959.
Websters New World Dictionary defines middle class as the social class between the aristocracy or very wealthy and the working class, or proletariat owners of small businesses, professional and white collar workers, well to do farmers, etc.
The appellant appears to have seen the force in me companytention for the respondent and tried to support the validity of the scheme on the ground that it had been framed to provide for the companystruction of buildings for the accommodation of the poorer and working classes.
The objection was dismissed by the Land Acquisition Officer by order, dated June 22, 1960, one of the orders which has been quashed by the High Court.
The precise scheme was number produced before the High Court.
It was, however, there companyceded that the scheme envisaged making available to persons of the middle class either plots for house building or houses built by the Corporation at a companyt of Rs.
The first numberification, dated June 12, 1956, purported to be issued under Section 277 1 B i .
7,500 each.
The respondent companytested its validity on the ground that the purpose behind the impugned scheme was number the forming of new or the altering of existing streets under Clause B and that, therefore, the numberification was bad.
The High Court also referred to the numbere of the Chief Executive Officer in his memorandum, dated November 17, 1957 to the State Government to the effect that the area proposed to be acquired under the scheme would be developed, layed out and sold to public on numberloss and numberprofit system.
Raghubar Dayal, J. This appeal, by special leave, is against the order of the High Court of Madhya Pradesh, allowing the writ petition of the respondent and quashing certain numberifications and an order of the Land Acquisition Officer, Jabalpur.
He filed an objection questioning the validity of the acquisition proceedings on various grounds.
