Raghubar Dayal, J. - (1.) This appeal, by special leave, is against the order of the High Court of Madhya Pradesh, allowing the writ petition of the respondent and quashing certain notifications and an order of the Land Acquisition Officer, Jabalpur.
(2.) The appellant, the Municipal Corporation of the City of Jabalpur, hereinafter called the Corporation, applied to the Land Acquisition Officer, Jabalpur, for acquiring certain land in March 1959. It had power to acquire land under the provisions of S. 291 of the City of Jabalpur Corporation Act, 1948 (C. P. and Berar Act III of 1950), hereinafter called the Act, for carrying out any of the purposes mentioned in Chapter XXIII of Part VI of the Act, which deals with improvement schemes relating to lands, buildings and streets.
(3.) The respondent was served with a notice issued to him by the Land Acquisition Officer. He filed an objection questioning the validity of the acquisition proceedings on various grounds. The objection was dismissed by the Land Acquisition Officer by order, dated June 22, 1960, one of the orders which has been quashed by the High Court. The other notifications quashed were issued in view of certain other provisions of the Act. The first of these is the notification dated June 12, 1956, purporting to be issued under S. 277 (1) (B) (i) of the Act. Another is the notification dated July 26, 1956, under S. 281 (1) of the Act and the third was a notification issued by the Government of Madhya Pradesh on January 7, 1959, in pursuance of the provisions contained in S. 285 (1) (a) and (b).;