Arvind Kumar Jain and others Vs. State of M.P. & Others

Madhya Pradesh High Court (Single Judge)

WA, 474 of 2017, Judgment Date: Jul 05, 2017

Law Laid Down -

Once Notification in terms of Section 71(1) of the M.P. Town Improvement Trust Act, 1960 for acquisition of a land is published, the land vests with the Trust. As owner, the Trust is free to utilize it for the purpose it deems appropriate. Challenge on the ground of change of use of land from original purpose of the scheme; compensation having not been paid and there being no provision for proceeding for determination of compensation, is devoid of merit. Whereas, the Act stands repealed vide M.P. Nagar Sudhar Nyas (Nirsan) Adhiniyam, 1994 w.e.f. 1.8.1994 and in view of proviso to Rule 3 of the Repealing Act, the proceedings pending immediately before appointed day, before the Tribunal constituted u/s 73 of Repealed Act shall continue as if it were a reference made to the Court u/s 18 of the Land Acquisition Act, 1894. Judgment of the Supreme Court in Mohan Singh Gill and others v. State of Punjab and others (2015) 8 SCC 345 is distinguished on facts.

Arvind Kumar Jain and others Vs. State of M.P. & Others