Punjab Town Improvement Act, Section 40(2)(vi),26,27,101 -- Re-housing Scheme, provision or proposal for - Not a condition precedent for validity of Scheme itself - Section 27 only provides that Development Scheme should not be implemented until such a Re-housing Scheme is completed - Failure to furnish a statement regarding Re-housing Scheme - Only an irregularity -..........
Punjab Town Improvement Act, Section 40(3) -- Does not provide that opportunity should be given to file objections or to give any hearing - Merely provides for publication for the information of the public - Sub - section (3) of Section 40 does not confer any right upon general public to submit any objection to the Scheme submitted for sanction of Government by Improvement..........
Punjab Town Improvement Act, Section 40(1) -- Hearing of objections by Trust - Not necessary that entire body of Trust should sit and hear the objections - Hearing of objections by Committee (constituted by Trust) - Cannot be said to have prejudiced rights of land owners in any manner...........
Punjab Town Improvement Act, Section 56,40,24 -- Discrimination in exemption/adjustment of similarly situated properties - Petitioner must show that his building(s) and the buildings that were adjusted/exempted belong to the same category - Mere statement that there are buildings and they should be exempted or adjusted - Cannot be accepted - Mere existence of buildings and..........
Consumer Protection Act, 1986, Section 14 -- Improvement Trust - Plot - Land of the respondent acquired by Improvement Trust for scheme in 1981 - Respondent applied for allotment of 250 sq.yds of plot in 1981 - Plot not allotted - Ground that case is not covered under 1983 Rules - The application of the applicant was to be considered in accordance with the Rules of 1975..........
Punjab Town Improvement Act, Section 36,38,40,101 -- Non-observance of provisions of Section 36 read with Section 38 by not publishing notification in Government Gazette before expiry of date for filing objections - Does not render publication of entire Development Scheme to be illegal and bad - Prior publication of notification in newspaper before publication in Official..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Improvement Trust - Allotment of plot - Land of the complainant acquired in 1962 - Rules regarding allotment of plot to displaced persons framed in 1964 - The Rules are only executive instructions and guidelines and cannot be made effective retrospectively - In the non-allotment of the plot to the complainant the opposite..........
Punjab Town Improvement Trust Act, 1922, Section 36, 48 -- Notification for acquiring land - Did not disclose public purpose - However, it indicated existence of map and the detailed scheme annexed to declaration - Held, it cannot be said that scheme was vague and liable to be quashed...........
Allotment of alternative sites, oustees whose land acquired for Scheme -- General ratio of decision in Pista Devi's case 1986 (4) SCC 251 cannot be uniformly and mechanically extended to all cases unless there is any express Scheme framed by appropriate Authorities and Scheme is in operation-Local displaced persons entitled to get plots in lieu of their acquired land..........
Punjab Town Improvement Act, Section 20 -- Notice under Section 20-Mandatory-At no stage any notice issued to original owner-Dismissal in default of claim petition by Improvement Trust Tribunal for non-compliance of certain directions contained in zimini order-Set aside...........
