SADASHIV JOSHI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS order shall also govern disposal of LPA Nos. 247 of 200 (Alam v. State of M.P.). 273 of 2000 (Ramgopal v. Stale of M.P.), 274 of 2000 (Usman Patel v. Stale of M.P.) 292/2000 (Narendra Singh v. State of M.P.), LPA 390/2000 (Baburao v. State of M.P.), LPA 132 of 2002 (Smt. Parvati Bai State of M.P.) and 401 of 2000 (Namamal (d) through Shrivhand and others v. Indore Development Authority and others), as all these appeals arise out of the common and identical order passed by the learned Single Judge. Since common questions were passed in all the appeals, all the matters were heard analogously and arc being disposed of by this common order.

(2.) EVEN though all these matters were listed for consideration of the applications made by respondent No.3. Indore Development Authority (for short IDA), for early hearing of the appeals on merits, but after hearing the counsel for the parties on the said applications, it was thought fit to hear all the matters on merits. It may also be mentioned here that this had, become necessary on account of various applications filed by appellants and respondent No.3 for grant of further stay and for vacating the order of Status quo passed by this Court. Since the order of status quo was causing a great hardship to respondent No.3 and disposal of various pending IAs and M(C)Ps would have consumed considerable time, it was thought fit to hear these matters on merits. They were, accordingly, heard at length. We have perused the records.

(3.) SECTION 57 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973, which is relevant to be considered in this appeal, is reproduced hereinbelow :