MULLO BAI Vs. STATE OF M P

JUDGEMENT

(1.) THIS letters patent appeal is directed against the order of a learned single Judge of this Court wherein he came to the conclusion that the writ petition bearing No. 295 of 1995 preferred by the present appellant is liable to be dismissed on the ground of delay and laches. This opinion expressed by the learned single Judge is being assailed in the present appeal. In this appeal, additional grounds which have been taken be also noticed :

(2.) WITH a view to appreciate the arguments raised by the learned counsel for the appellant, a brief history vis-a-vis these acquisition proceedings be noticed. The Gwalior Town Improvement Trust framed a scheme. This was duly accorded sanction by the State Government. Notification Under Section 52 of the M. P. Town Improvement Trust Act, 1960 (hereinafter referred to as the Act) was published. A copy of this has been placed on the file of writ petition as annexure R/12. This is dated 1st January, 1972. Thereafter, further steps were taken Under Section 68 of the aforementioned Act and a notification Under Section 71 (1) of the aforementioned Act was also issued.

(3.) IT be seen that when a notification has been issued Under Section 52 of the Act, then it is a conclusive proof that all procedural steps were duly taken. It would be apt to refer to a judgment given by the Supreme Court in Laxmichand v. Indore Improvement Trust, Indore, AIR 1975 SC1303. In para 11, it was observed that