TOWN AND COMPANYUNTRY DEVELOPMENT AUTHORITY Vs. SITARAMCHOUDHARY

JUDGEMENT

(1.) Jabalpur Town and Country Development Authority, appellant herein, is an authority established under Section 38 (1) of M. P. Nagar Tatha Gram Nivesh Adhiniyam, 1973. It is the successor to the Jabalpur Town Improvement Trust (hereinafter referred to as the Trust) which was a body corporate established under the provisions of the M. P. Town Improvement Trust Act, 1960 (hereinafter referred to as 'the Act'). In exercise of the power conferred under the Act, the Trust framed a scheme known as the Land Acquisition, Land Development and Housing Scheme No. 11 for development of site for housing accommodation in Jabalpur. The Government of Madhya Pradesh by order dated 22nd April, 1968 granted sanction to the said scheme under Section 61 of the Act. The Scheme, as sanctioned, was published in the M. P. Gazette dated 27th September, 1968. The said scheme covers the lands of respondent Nos. 1 to 7. On March 9, 1973 the Trust issued a notification under Section 68 of the Act with a view to implement the scheme as sanctioned by the State Government on 22nd April, 1968. After the said notification the State Government issued a notification dated 28th Dcember, 1973 under Section 70 whereby the State Government sanctioned the acquisition of total land covered under Scheme No. 11 measuring 57.448 hectares by the Trust for the scheme. Thereafter the notification dated August 13, 1976 was issued by the Trust under section 71(1) of the Act wherein it was stated that the Trust had decided to acquire the lands mentioned in the Schedule to the said notification for its Scheme No. 11 which had been sanctioned by the State Government and the necessary sanction for acquisition of the land had also been obtained under Section 70 of the Act. Amongst the lands mentioned in the Schedule to the said notification were included the lands of the respondents in Khasra Nos. 15 and 16. Feeling aggrieved by the said notifications dated March 9, 1973. December 28, 1973 and August 13, 1976 as well as the scheme, published on September 27, 1968 the respondents Nos. 1 to 7 filed the writ petition in the High Court of Madhya Pradesh which has given rise to this appeal. By the said writ petition the respondents challenged the validity of the notification dated March 22, 1968 as published in the Gazette dated September 27, 1968 regarding sanctioning of the Scheme as well as the notifications dated March 9, 1973, December 28, 1973 and August 13, 1976. The said writ petition was disposed of by the High Court of M. P. by the impugned judgment dated October 15, 1981. The High Court has rejected the contention urged by the respondents assailing the validity of the scheme and has upheld the scheme as sanctioned by the State Government. The High Court was, however, of the view that the notification dated March 9, 1973 was invalid inasmuch as in the said notification it is not stated that the Trust intends to acquire the land specified therein as required by Section 68(1) of the Act. Since the High Court was of the view that the notification dated March 9, 1973 had not been validly issued, the High Court held that the subsequent notifications dated December 28, 1973 and August 13, 1976 could not be upheld. The High Court has , therefore, set aside the notifications dated March 9, 1973, December 28, 1973 and August 13, 1976. Feeling aggrieved by the said judgment of the High Court, the appellant has filed this appeal.

(2.) Shri U. N. Bachawat, the learned Senior Counsel appearing for the appellant, has submitted that the High Court was in error in holding that the notification dated March 9, 1973 had not been validly issued under Section 68 of the Act, inasmuch as in the said notification it is not stated that the trust intends to acquire the lands. The submission is that the High Court has not correctly construed word "sampadan" used in the said notification and has wrongly proceeded on the basis that the said word does not mean "to acquire". In support of this contention Shri Bachawat has invited our attention to the meaning to the word "sampadan" in various dictionaries.

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