Punjab Town Improvement Trust Act, 1922, Section 18 -- Acquisition of land - Allotment of plots in addition to compensation - Power of Reference Court - In the instant case, no such policy shown in support of such claim - Therefore, such claim is beyond purview of reference Court and is not germane...........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Ownership - Phar land - Trust unable to file document with respect to its ownership - Even, no evidence is adduced that at any point of time street was owned by it, and that how any right, title or interest vested in it, and also as to how it become public street - Moreover, no evidence adduced that road mettled by..........
Punjab Town Improvement Trust Act, 1922, Section 36, Land Acquisition Act, 1894, Section 23 -- Amendment u/s 23(1) of 1922 Act - Applicability - Award passed prior to date of commencement of amendment, hence, provisions for payment of enhanced compensation u/s 23(1) of 1922 Act will not apply...........
Punjab Town Improvement Trust Act, 1922, Section 36, Constitution of India, 1950, Article 133, 136 -- Acquisition of land - Compensation - Determination - In the instant case, as per sale deed on record compensation granted @ Rs.1000/- per square yard - Hence, compensation determined will also carry statutory benefits...........
Punjab Town Improvement Trust Act, 1922, Section 36, Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 -- Acquisition - Release of land - Appellant and the other members of the family, who are the owners of the land covered by the second acquisition, approached the Trust seeking release of land to an extent of 500 sq. yards each - If the area of..........
Indian Contract Act, 1872, Section 25, 8, 28 -- Nagpur Improvement Trust Act, 1936, Ss.29 to 70, 121, Land Acquisition Act, 1894, Maharashtra Regional & Town Planning Act, 1966 - Allotment of land, comprised in layout, taken by NIT - Validity of clause - Violation of S.25 of Contract Act - As per Ss.29 to 70, 121 of NIT Act with terms and conditions of development..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38 -- Permanent injunction - Trial Court found that appellant failed to produce any evidence with regard to title over suit property - Suit property was a nazool property and its ownership vested in Punjab Govt. and was transferred in name of Improvement Trust - Possession was also delivered to..........
Punjab Town Improvement Trust Act, 1922, Section 36, 42, 72E, Constitution of India, 1950, Article 14, 16, 226 -- Grant of exemption from acquisition or releasing the acquired land on which construction had already been raised merely because the quality of construction is different - It is difficult to accept the case of State Govt. that certain types of structures which..........
Punjab Town Improvement Trust Act, 1922, Section 27E, 36, 42 -- Modification or annulment of resolution of Trust by State Govt. - S.72-E does not postulate grant of hearing to those who may be affected by modification or annulment of the resolution of Trust but the rules of fairness require that while modifying or setting aside the resolution it must give some indication..........
Punjab Town Improvement Trust Act, 1922, Section 60, 65 -- Award - Validity - President of Tribunal recorded evidence and heard arguments and announced award by him alone - President had only consulted assessors and had not decided issue alongwith them as constituting Tribunal - Held, impugned awards liable to be set aside - Matter remanded to Tribunal for passing fresh..........
