Punjab Town Improvement Act -- Claim to preferential allotment of plot under the Rules - Burden of proving - Onus on the person to establish that he falls within definition of "local displaced person" so as to entitle him to benefit of preferential allotment - Unless and until a person qualifies to be a local displaced person - Benefit of preferential allotment not..........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Improvement Trust itself at a point of time made allotments and accepted initial deposits towards consideration of the plots which were subsequently cancelled - Plea based on principles of promissory estoppel inasmuch as Improvement Trust having once allotted plots and having collected part of consideration, cannot..........
Constitution of India, 1950, Article 14 -- Plea of entitlement being similarly situated - Preferential allotment of plots in favour of certain persons under Punjab Town Improvement Act - Court should first decide the question whether allotments in favour of those persons within scope of Rules applicable - Allotments in favour of other persons if not within scope of Rules -..........
Punjab Town Improvement Trust Act, 1922, Section 65, 59, 60 -- Award of Land Acquisition Tribunal not signed by two Assessors along with President - Assessors participated and their presence duly recorded - Mere fact that Award only signed by President - Does not mean that Assessors not a party to final decision - Award not vitiated...........
Punjab Town Improvement Trust Act, 1922, Section 32E -- Annulment by Government of resolution of Improvement Trust - Notice and opportunity of hearing to persons likely to be affected - Necessary - Proposition of law laid down by Single Judge in Baldev Raj Sharma's case 1972 PLR 427 and by Division Bench in Karam Singh's case 1979 PLR 426 that in the absence of specific..........
Specific Relief Act, 1963, Section 20, 21, 22 -- Suit for specific performance of residential plot allotted to defendant by Improvement Trust under a Development Scheme - Primarily based on offer made by defendant through his letters to plaintiff to sell the plot on the same terms as specified by Improvement Trust - Plaintiff in pursuance of that offer paid the amount to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction in a suit for permanent injunction against Improvement Trust for restraining it from carving out plots on any part of street by conducting public auction - Disputed land acquired by Improvement Trust duly approved by State Government and compensation already deposited and Tehsildar who was appointed as..........
Punjab Town Improvement (Utilisation of Land and Allotment and Plots) Rules, 1983 -- Cancellation of allotment of plot by Improvement Trust as approval declined by Government on the ground that approval prior to allotment of plot had to be obtained - Hearing not given before cancellation, in advertisement not stipulated by Improvement Trust that draw of lots would be..........
Civil Procedure Code, 1908, Section 10, Transfer of Property Act, 1882, Section 108(e) -- Injunction suit against landlord as harassment caused with intention to compel to vacate leased premises - Improvement Trust initiated acquisition proceedings of one out of three rooms from leased premises for widening of road - Landlord informed Corporation for demolition of entire..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Urban Improvement Trust from dispossessing plaintiff from suit premises - Plaintiff in long possession of disputed land - Parting with half portion of same on compromise with Trust that shops raised thereon shall be allotted and regularised in name of plaintiff - Trust accepted and deposited..........
