Western Coalfields Ltd vs Special Area Development Authority, ... on 26 November, 1981
We are not inclined to take a different view than the one
taken by the learned Single Judge, which is founded on the Apex
Court in the case of Western Coal Fields Limited V. Special Area
Development Authority, Korba and another, (1982) 1 SCC 125
and followed in subsequent decision in the cases of Dum Dum
Municipality and other V. Indian Tourism Development
Corporation and others, (1995) 5 SCC 251 and Western
Coalfields Limited V. Municipal Council, Birsinghpur Pali and
another, (1999) 3 SCC 290. These decisions pointedly deal with
the provisions of the Madhya Pradesh Municipalities Act, 1961
(hereinafter referred to as 'the Act' for short) which provision is
perimateria to the provisions applicable to the case in hand. This
fact is not disputed.