ALL INDIA REPORTER LTD Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) BY these three writ petitions the petitioners challenge the validity of the 'Bhamti Parsodi Street Scheme' framed by the Nagpur Improvement Trust and sanctioned by the State Government, on identical grounds. They can, therefore, be disposed of by a single Judgment.

(2.) IN order to appreciate the rival contentions of the parties it would be convenient at this stage to set out the relevant provisions of law. Since it was found 'expedient to make provisions for the improvement and expansion of the town of Nagpur', m a particular manner, the erstwhile Legislature of the Central Provinces and Berar enacted the Nagpur Improvement Trust Act C.N.I.T. Act' for brief) in the year 1936. The duty of carrying out the provisions of this Act is vested in a body corporate called the Nagpur Improvement Trust, respondent No. 1 herein ('the Trust' for short). Chapters II and III of the Act deal with the constitution of the Trust and the proceedings of the Trust and committees. The N.I.T. Act aims at achieving planned improvement and expansion of the city by means of various improvement schemes to be framed and executed by the Trust. Chapter IV makes provisions for such schemes. Section 27 enumerates the types of such schemes which are as follows:: (a) a general improvement scheme; (b) a re -building scheme; (c) a re -housing scheme; (d) a street scheme; (e) a deferred street scheme; (f) a development scheme; (g) a housing accommodation scheme; (h) a future expansion or improvement scheme; (i) a drainage or drainage including sewage disposal scheme. This section says that an improvement scheme shall be of one of the types stated above or may combine any two or more of such types, or of any special features thereof. The purpose and requirements for these schemes are detailed in Sections 28 to 35 -A.

(3.) THE Trust can frame a scheme either upon an 'official representation' by the City of Nagpur Corporation ('the Corporation' for short) or otherwise. After a scheme has been framed, the Trust has to prepare and publish a notice as required by Section 39. Such notice has to state, (a) the tact that the scheme has been framed, (b) the boundaries of the area comprised in the scheme, and (c) the place at which particulars of the scheme, a map of the area comprised in the scheme, the description of land which it it proposed to acquire, etc. may be seen. It is to be published every week for three consecutive weeks in the official gazette and local news -paper or news -papers, if any, with a statement of the period within which objections would be received, A copy thereof has to be sent to the Chief Executive Officer of the Corporation who has to forward to the Trust within the time prescribed under Section 40, any representation which the Corporation may think fit to make with regard to the scheme. In addition to these notices, under Section 41 the Trust has to serve individual notices of the proposed acquisition on every person whose name appears in the municipal assessment list as owner or occupier of any land or building or premises proposed to be acquired. Such notice has to be served within 30 days of the first publication of the notice under Section 39 and has to state that the Trust proposes to acquire such land and has to call upon such person to state his reasons in writing within 30 days from the date of service of such notice, if he dissents from such acquisition. After the periods prescribed under Sections 39, 40 and 41 are over, the Trust has to consider the objections, representation or statements of dissent received thereunder and has to hear such of the persons making them, as desired to be heard. Thereafter the Trust may abandon the scheme or if it desires to pursue it, it has to apply to the State Government, giving prescribed particulars, for sanction with such modifications as it (the Trust) may consider necessary, (Section 43). The State Government may sanction, either with or without modification, or may refuse to sanction or may return for reconsideration any scheme submitted to it under Section 43. If the State Government sanctions the scheme, Section 43 inter alia requires it to announce the fact by notification. The publication of such notification is deemed to be conclusive evidence that the scheme has been duly framed and sanctioned. On such announcement, the Trust has to proceed forthwith to execute the scheme, except for a deferred scheme, development scheme, or future expansion or improvement scheme.