Punjab Town Improvement Trust Act, 1922, Section 36, 42 -- Market value - Land in question situated in a triangle bounded by roads on all the three sides - Land situated in developed area - Tribunal Committed no error in assessing the market value at uniform rate...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(g) -- Restrictions regarding raising of construction as per Development Scheme under Punjab Town Improvement Act - Applicable to area which falls within definition of land appurtenant in Section 2(g) - Exclusion of land on which not permitted to build - Not permissible...........
Punjab Development of Damaged Areas Act, Section 13 -- Solatium on compensation for land acquired under the Act - No provision for grant of solatium under Punjab Development of Damaged Areas Act or Punjab Town Improvement Act - Solatium payable on compensation as landowners cannot be discriminated against - Punjab Town Improvement Act, Section 59..........
Punjab Town Improvement Trust Act, 1922, Section 59, Land Acquisition Act, 1894, Section 28, 23(1A) -- Compensation and interest - Claimant entitled to additional amount at the rate of 12 per cent per annum of market value of land as assessed by Award from date of publication of notice under Section 36 to date of Award made by Collector - Interest on amount of compensation..........
Punjab Town Improvement Trust Act, 1922, Section 44A - - Development Scheme prepared under Section 24 read with Section 28(2) - Scheme not completely executed within a period of 5 years from date of notification under Section 42(1) in Government Gazette - No extension granted by State Government - Agreement to sell land to University did not fructify into a completed sale..........
Punjab Town Improvement Trust Act, 1922, Section 36, 38, 42 -- Part of Scheme already declared illegal - Plea that remaining Scheme cannot be enforced - Not tenable - Whole of Notification can be declared ultra vires at the instance of one person - Land acquired under Notification if distinct and separate - Only persons who successfully challenge same can take benefit of..........
Punjab Town Improvement Trust Act, 1922, Section 36, 42 -- Challenge to acquisition as a colourable exercise of authority to peg down prices of land - Notification under Section 36 in I960, Notification under Section 42 in 1964 and till 1984 compensation not determined - Delay of 20 years after issuance of Notification under Section 42 and 24 years after issue of..........
Punjab Town Improvement Trust Act, 1922, Section 28, 36, 42 -- Development Scheme framed by Improvement Trust - Award given regarding major part of acquired land but no Award given with regard to a small part of land as it belonged to Central Government (being erstwhile evacuee property having vested in Central Government) in occupation of certain allottees and displaced..........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Mandatory in character in so far as it provides for publication of notice as such and not the frequency thereof - Publication of Scheme to bring the same to the notice of inhabitants - Vitally essential - Enables them to bring their view point regarding Scheme to notice of concerned authorities - Requirement of notice..........
Punjab Town Improvement Trust Act, 1922, Section 36, 42 -- Development Scheme published under Section 36 in 1974 and under Section 42 in 1976 - Award by Collector in 1978 - Trust deposited about 1/3rd compensation by 1982 - Possession of land could not be taken by Trust without depositing compensation - Authorities if really serious and required land for development, would..........
