MUNICIPAL CORPORATION OF THE CITY OF JABALPUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By a communication dated April 5, 1930, from the Secretary to the Government of the Central Provinces addressed to the Commissioner, Jabalpur Division, certain Nazul land was made available to the Municipal Committee of Jabalpur. In this letter the Secretary stated:

(2.) The land thus obtained was being used by the Municipal Committee in accordance with the condition of the transfer as a public garden.

(3.) The Central Provinces and Berar Municipalities Act, 1922 was repealed by the City of Jabalpur Corporation Act, 1948 (Madhya Pradesh Act III of 1950.) Under this later enactment the Municipal Committee was substituted by the Jabalpur Corporation, the appellant before us and all properties-movable and immovable - which were previously vested in the Municipal Committee were transferred to and vested in the Corporation (vide S. 71 of the Jabalpur Corporation Act), and by reason of the vesting, the appellant was in enjoyment of the transferred property.