BINABAI BHATE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 29.08.2008 passed by the High Court of Madhya Pradesh at Jabalpur, in Writ Appeal No. 1063 of 2003, whereby the High Court dismissed the said appeal filed by the Appellant herein and upheld the order dated 16.04.2003 passed by the Single Bench of the High Court of Madhya Pradesh at Jabalpur.

(3.) The Appellant is Bhuswami of certain lands situated at Tehsil Khandwa, District East Nimar, Madhya Pradesh. A draft development plan was published under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereafter referred to as "The Act"). The Appellant came to know that the draft development plan included some portion of her land with the intention of making it available for Navchandi Mela. However, the land was ancestral and he Appellant intended to transfer it by a will duly registered and already executed.