INDORE DEVELOPMENT AUTHORITY versus SHRI BALAKRISHNA AND ORS.

INDORE DEVELOPMENT AUTHORITY versus SHRI BALAKRISHNA AND ORS.

Once a notification under Section 71(2) is published, the land is deemed to have vested absolutely in the Trust free from all encumbrances; vesting is not dependent on actual possession, which constitutes only a ministerial act. Pending legal proceedings exempt the scheme from lapsing under Section 54 of the Adhiniyam.

Parties
Appellant: Indore Development Authority; Respondents: Shri Balakrishna and Ors.
Jurisdiction
India
Judgment Date
05 August 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Madhya Pradesh High Court
Outcome
Appeal allowed; Order of High Court set aside; Writ petition dismissed.
Legal Topics
Vesting of Land, Lapse of Scheme, Ministerial Acts in Possession, Town Improvement Trust Act Procedures
Land Acquisition Town and Country Planning Administrative Law Vesting of Land Lapse of Scheme Ministerial Acts in Possession Town Improvement Trust Act Procedures

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Parties

Indore Development Authority

Appellant

Shri Balakrishna and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Madhya Pradesh High Court

Legal Issues

  1. 1 Whether the scheme framed under the M.P. Town Improvement Trust Act lapsed due to non-possession of land
  2. 2 Whether vesting under Section 71(2) of the Act is contingent on possession
  3. 3 Applicability of Section 54 of the 1973 Adhiniyam

Ratio Decidendi

Once a notification under Section 71(2) is published, the land is deemed to have vested absolutely in the Trust free from all encumbrances; vesting is not dependent on actual possession, which constitutes only a ministerial act. Pending legal proceedings exempt the scheme from lapsing under Section 54 of the Adhiniyam.

Court Disposition

Appeal allowed; Order of High Court set aside; Writ petition dismissed.

Orders

  • Order of Madhya Pradesh High Court in Misc. Petition No. 885/87 set aside.
  • Writ petition dismissed.