Punjab Town Improvement Trust Act, 1922, Section 43 -- Alteration of scheme after sanction - Challenge to - Delay & latches - Proposal for change of land use in respect of land in question was first of all mooted in year 2004 - Thereafter, various occasions were available with petitioner society to challenge action of respondents - However, no proceedings were initiated -..........
Punjab Town Improvement Trust Act, 1922, Section 43 -- Town improvement - Held, it is within competence of Trust to make any alteration of scheme after sanction with prior approval of State Government...........
Punjab Town Improvement Trust Act, 1922, Section 36, Land Acquisition Act, 1894, Section 18 -- Land acquired in the year 1972 - Compensation fixed on the basis of land acquired in the year 1970 - Benefit of notional increase in market value of acquired land has to be granted - Benefit of increase at the rate of 12% per annum granted...........
Punjab Town Improvement (Utilisation of Land and Allotment and Plots) Rules, 1983 -- Allotment of plot - Re-determination of price - Permissibility - Held, if Trust has dithered and it has delayed process by returning money, it cannot secure higher price or ask for re-determination of price as per present market conditions...........
Punjab Town Improvement Trust Act, 1922, Section 60, 65 -..........
Punjab Town Improvement Trust Act, 1922, Section 72(E), 36 -- Land acquired by trust - Objections not filed by petitioner in pursuance to notification issued u/s 36 of the Act - Trust passed resolution to adjust all the small plot holders - However, same was annulled by Govt. partially, suo motu without giving any opportunity to the petitioners u/s 72 (E) of the Act -..........
Punjab Town Improvement Trust Act, 1922, Section 79(2)(a) -- Acquisition of land - Service of notice - Held, service of notice on one of the co-owners, when more than one have interest in acquired land, would be sufficient service of notice on other co-owners...........
Punjab Town Improvement Trust Act, 1922, Section 38, Constitution of India, 1950, Article 243, 243N, 243Q, 2432D, 2432F -- Acquisition of land - Non-applicability of provisions of PTI Act for work of development in view of 73rd and 74th amendment of Constitution of India - Held, Act shows provisions of constitution of Trust and invest it with vast powers for carrying out..........
Punjab Town Improvement Trust Act, 1922, Section 38, 42, 59, Land Acquisition Act, 1894, Section 23, 28 -- Acquisition of land under PTI Act - Determination of compensation - Held, provisions of L.A. Act would be applicable for determination of compensation to land acquired under PTI Act...........
Punjab Town Improvement Trust Act, 1922, Section 59 -- Land Acquisition - Amendments in Land Acquisition Act - Applicability - As far as the amendments introduced in the Acquisition Act, 1894 relating to determination and payment of compensation u/s 23(2) and 28, as amended by the Amendment Act, 1984, would be applicable to the acquisitions under the State Acts and Section..........
