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Alpaai Nagrik Grih Nirman Sahakari ... vs State Of Madhya Pradesh And Ors. on 7 February, 1996
cites
Yogendra Pal And Others vs Municipality, Bhatinda And Another on 15 July, 1994
3. Article 300A of the Constitution of India provides that a person is not to be deprived of his property except in due course of law. No statutory provisions has been quoted which may indicate that such a provision exist in this regard it would be apt to refer to the decision given by the Supreme Court of India in Yogendra Pal v. Municipality, Bhatinda, AIR 1994 SC 2550. Section 192 of Punjab Municipal Act, 1911, provided that while framing a Town Planning Scheme 25% of the land would vest in the municipal authorities free of costs. Even though this was a pre-constitution law, the Supreme Court of India was of the view that this statutory provision was unconstitutional and violative of Article 14 of the Constitution of India. The above decision would apply to the facts of this case, in the above case the Supreme Court of India held :
Article 300A in Constitution of India [Constitution]
Section 192 in Punjab Municipal Act, 1911 [Entire Act]
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