NIMAR TEXTILE MILLS LTD Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) UNDAUNTED by the unsuccess before the Single Bench in Writ Petition No. 6879/2000 the appellant has filed this appeal under Clause 10 of the Letters Patent challenging the order dated 18-3-2002.

(2.) THE brief resume of facts required to be stated for the disposal of this appeal is that looking to the needs of general public, Municipal Corporation, Khandwa decided to construct a bus stand so as to enable the general public to get means of conveyance to a particular place. For this purpose, earlier the State Government issued a notification which was subject-matter of challenge before the High Court but as the proceedings of acquisition could not be completed within the statutory period, the proceedings initiated in furtherance with the notification dated 2-6-95 were dropped.

(3.) AGAIN on 12-9-2000 the Municipal Corporation, Khandwa passed a resolution for the construction of bus stand. Thereafter, on 20-9-2000 the Collector wrote to the Commissioner tor involving an urgency clause keeping in view of the need for construction of the bus stand. The Commissioner being satisfied that there is a need to take recourse to urgency provision, vide letter dated 23-10-2000 granted permission to take recourse to urgency clause under Section 17 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'act')