- (1.) In both the writ petitions, relief sought for by the petitioners is one and the same and as the same is based on identical questions of law with little variation on facts, they are being disposed of by this common order.
(2.) In both the writ petitions filed under Arts. 226 and 227 of the Constitution of India each of the petitioners pray for quashing of the order dated 23-9-1998 passed by his Excellency the Governor of Madhya Pradesh (hereinafter referred to as 'Governor') granting sanction to prosecute them under S. 197 of the Code of Criminal Procedure for the offence punishable under S. 120-B of the Indian Penal Code.
(3.) Shorn of unnecessary details, facts giving rise to the present writ petitions are that the Indore Improvement Trust, a body constituted under the M.P. Town Improvement Trust Act 1960, proposed Scheme No. 54 for the town of Indore and by Notification dated 12-7-1963 invited objection in regard thereto. In Scheme No. 54 besides other lands, 22.56 acres of land of village Bhumori Dubey was also included, out of which two acres of land belonged to Ashok Kumar Jain and rest to his mother Sohan Kumari Shankhala. Said Sohan Kumari Shankhala filed an application before the Chairman of Indore Improvement Trust (hereinafter referred to as the 'Trust') for release of 5 acres of land from the aforesaid Scheme for the purpose of construction of Hospital and Nursing Home for her son Dr. Vijay Kumar Jain. Chairman of the Trust sent its reply on 3-8-1966 conveying inclination to release 5 acres of land provided said Shankhala executes an agreement that the land so released shall be utilised for the purpose of construction of Hospital according to the Scheme of the Trust. Said Shankhala agreed to the aforesaid proposal and an agreement was executed on 20-8-1966 and one of the terms and conditions of the agreement was to complete construction within two years and on failure thereto, Trust would be entitled to take possession without payment of any compensation.;