INDORE DEVELOPMENT AUTHORITY Vs. BALKRISHNA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties.

(3.) This appeal by special leave arises from the order of the division bench of the Madhya Pradesh High court made on 19-4-1994 in Miscellaneous Petition No. 885 of 1987. The admitted facts are that Town Improvement Scheme No. 54 was framed under the provisions of the M. P. Town Improvement Trust Act, 1960 (14 of 1961 (for short "trust Act"). The scheme consists of 629.43 acres of land situated in Indore of which 4.85 acres is the subject-matter in this appeal. The government had sanctioned this scheme under Section 54 of the Act. On 16/9/1966, the scheme was published in the State Gazette under Section 52 (1 of the Act. Therefore, it is a conclusive evidence that the scheme was framed and sanction was duly granted by the government. In other words, it has given conclusiveness to the public purpose. The government under Section 70 of the Act accorded sanction for the acquisition of the land. Notification under Section 70 (1 of the Act was published on 22/8/1973. Consequently, by operation of Section 71 (2 of the Act, the land on and from the date of such publication, stood vested absolutely in the trust free from all encumbrances. Ss. (3 gives power to the trust to give notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof, to the trust or to any person duly authorised by it in this behalf within thirty days of the service of the notice. In case the person in possession does not surrender or refuses to deliver possession, under Ss. (4, the trust has been empowered to take possession of the land and for that purpose cause such force to be used as may be necessary to take possession of the land.