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TMI Blog1962 (4) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... town. The land shall vest in the Municipal Committee subject to the following conditions : (1) The land shall be used only for the purpose of a garden and no part of it shall be used for any other purpose without the previous sanction of the Local Government. (2) If condition 1 is broken the land shall be liable to be divested under section 38(2) and resumed by Government .and no compensation whatsoever shall be payable to the Municipal Committee upon such resumption. (3) If the land. is resumed by Government for any Government purpose the provisions of Section 38(3) will apply. Sub-sections (2) (3) of s. 38 referred to ran: 38.(2) The State Government may, by notification, direct that any property which has vested in the committee shall cease to be so vested, and thereupon the property specified in the notification shall cease to be so vested and the State Government may pass such orders as it thinks fit regarding the disposal and management of such property. (3) Where any immovable property is transferred, otherwise than by sales, by the State Government to a committee, for public purpose, it shall be deemed to be a condition of such transfer, unless speciall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operty is required for a public purpose, without payment of any compensation other than the amount paid by the Corporation for such transfer and the market value at the date of resumption of any buildings or works subsequently reacted or executed thereon by the Corporation with the intention that such buildings or works should be permanent : Provided that compensation need not be paid for buildings or works constructed or erected in contravention of the terms of the transfer. (The expression 'Provincial Government' was amended so as to read 'State Government' by the Adaptation of Laws Order). Complaining that this notification was illegal and beyond the jurisdiction of the State Government the Jabalpur Corporation moved the High Court of Madhya Pradesh for relief under Art-. 826 of the Constitution praying for the issue of the writ of mandamus quashing the notification of the government as without jurisdiction and forbidding the enforcement of that order. This was opposed both by the State of Madhya Pradesh as well as the Hitkarini Sabha and the learned Judges dismissed this petition. An application for a certificate of fitness for appeal to this Court fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s entered into with and all matters and things engaged to be done by or for, the Municipality of Jubbulpore, before this Act comes into force shall be deemed to have been incurred, entered into with or engaged to be done by, or for, the Corporation as constituted under this Act. Mr. Chatterji-learned Counsel for the appellant Corporation submitted to us that the learned Judges of the High Court bad wrongly applied the saving in s. 3 (1) of Act III of 1940 to sustain the resumption of land under the impugned notification. He consider, however, that in view of our conclusion that the impugned notification fell clearly within the power vested in State Government under s. 81 of the Jabalpur Corporation Act, it is not necessary to pronounce upon the correctness of the submissions made to us on the construction of s. I (1) of that Act, There could not be any dispute that if the authority that had transferred the property covered by the impugned notification, to the Municipal Committee of Jabalpur was the Government of Central Provinces Berar, the right of the suceessor-Government viz.' the State Government of Madhya Pradesh to take over the land from the Corporation for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s is dictated not merely by the need for orderliness in these proceedings but for avoiding surprise to the other party and consequent injustice resulting therefrom. Save in exceptional cases, parties should be held strictly to their pleadings and if owing to discovery of new matter or grounds, there is need to add to or to modify the allegations either in the petition or in the counter- affidavit, the Court should insist on formal amendments being effected, for this would enable each party to state its case with precision and definiteness and the other side would have a proper opportunity to know this case and meet it with appropriate defences. This salutary rule was not adhered to in this case, and the departure from the pleadings which the appellant was permitted to adopt during the course of its arguments before the High Court has led to injustice because thereby the Counsel for the State who was apparently not prepared, to meet an argument not raised in the petition, made submissions at the spur of the moment which were not justified by the true state of affairs. In our opinion, on the allegations made in the petition by the appellant Corporation it ought not to have been permi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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