Punjab Town Improvement Trust Act, 1922, Section 98 -- Scope of - Whether suit should fail because no notice under Section 98 given - Sub-section (4) of Section 98 clearly provides that nothing in sub-section (1) of Section 98 shall apply to a suit wherein the only relief claimed is injunction of which object would be defeated by giving of notice or postponement of..........
Punjab Town Improvement Trust Act, 1922, Section 36, 42 -- Acquisition of land owned by Central Government - State Government cannot invoke provisions of Land Acquisition Act...........
Punjab Town Improvement Trust Act, 1922, Section 36, 42 -- Challenge to notifications on the grounds : (1) notifications issued to peg down prices of land to the date of notification under Section 36; and (ii) major portion of land acquired for use not known - Notification under Section 36 issued in 1971 and notification under Section 42 issued in 1973 - Award by Land..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 18 -- Alternative remedy - Challenge to acquisition under Punjab Town Improvement Act - Reference already sought for enhancement of compensation - Cannot be said to be alternative remedy - Only adequacy of compensation payable challenged in those proceedings - Challenge in writ petition to..........
Punjab Town Improvement Trust Act, 1922, Section 36, 38, 42 -- Acquisition of land belonging to Central Government - Warranted by provisions of the Act - No provision in the Act which creates express bar nor any implied bat arising from, its provisions - No impediment against acquisition of land owned by Central Government - Rights of ownership of land to be acquired -..........
Punjab Town Improvement Trust Act, 1922, Section 36, 38, 42 -- Query - Acquisition by State Government vis-a-vis Central Government - Whether provisions of Land Acquisition Act can be invoked in view of observations in Hari Chand's case A. I. R. 1972 Pb. & H. 25 - Question left open...........
Punjab Town Improvement Trust Act, 1922, Section 28, 25 -- Land falling under a scheme prepared under the Act - Transfer of- - Deputy Commissioner not competent to sanction transfer of such land under Rule 1 of Chapter II of Punjab Municipal (General) Rules - Residents of locality have right to object to transfer - Objections if made - Should be decided in accordance with..........
Punjab Town Improvement Trust Act, 1922, Section 24(1) -- Word 'locality' - Meaning of - Plot of land measuring 727 square yards - Covered by definition of 'locality' - Development Scheme can be prepared for area measuring 727 square yards.
It is not essential that the term 'locality' applies only to a mohalla or a big chunk of land. Even a small place like the plot..........
Punjab Town Improvement Trust Act, 1922, Section 36, 42 -- Notice issued under Section 36 Punjab Town Improvement Act - To be deemed as Notification under Section 4 Land Acquisition Act - Notification under Section 42 Punjab Town Improvement Act - To be considered as one issued under Section 6 Land Acquisition Act. The notice issued under Section 36 of the Punjab Town..........
Punjab Town Improvement Trust Act, 1922, Section 59 - - Denial of benefits of Land Acquisition Act to persons whose lands are acquired under Punjab Town Improvement Act - Amounts to violation of Article 14 of Constitution The denial of the benefits of the Land Acquisition Act to the persons whose lands are acquired under the Punjab Town Improvement Act will amount to..........
