State Of Assam And Another vs Ajit Kumar Sharma And Others on 27 October, 1964
In reply to the contention of Mr. Rao that the approval of the State Government has not been taken by the Indore Development Authority before publishing the Draft Scheme No. 164 under Section 50(2) of the Adhiniyam as per the directions of the State Government in the letter dated 18-11-1999, he cited the ratio of the Supreme Court in State of Assam v. Ajit Kumar Sarma and Ors. and submitted that such directions cannot be enforced by the Court. He referred to the provisions of Section 18 of the Adhiniyam to show that the Adhiniyam contemplates a draft development plan before the same is finalized, approved and published by the State Government under Section 19 of the Adhiniyam. He argued that since the Indore Draft Development Plan 2011 for enlarged plan area including village Bicholi Hapsi was notified in July 2006, the Draft Scheme No. 164 could be notified by the Indore Development Authority on 24-8-2004.