Public street -- Obstruction - Suit for declaration that suit property is a public rasta, for mandatory injunction for removal of structures and injunction from interfering with the use of the same - Suit filed for the benefit of himself and for the benefit of the residents of the locality in respect of usage of a lane claiming it as a public lane - Suit is not..........
Contract Act, 1872, Section 37, Punjab Municipal Act, 1911, Section 47 -- Conditional agreement with Municipal Committee - Land given to Municipal Committee to be utilised for widening of road - Right to compensation also forsaken - Municipal Committee instead of widening the road used the land for constructing shops to rehabilitating encroachers - Land utilised for..........
Criminal Procedure Code, 1973, Section 133, 482 -- Public street - Obstruction ordered to be removed - It is a finding of fact which cannot be challenged in proceedings u/s 482 Cr.P.C...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Public street - Local body has no right to put up any obstruction over the public street so as to prevent access to adjoining property - Owner of adjoining property has a right to seek interim injunction for restraining such obstruction - Owner of adjoining property has a right of access at every point where his land..........
Public street -- Obstruction - Person having no direct interest can get it removed, even though obstruction does not affect his rights - His locus standi cannot be challenged...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 13A, 2(g)(4) -- Implication of Section 13 that jurisdiction of Civil Court taken away when lis between Gram Panchayat and a private person and it relates to any of the questions specified in Section 13 - Section 13 not operative when lis or dispute between two private individuals - Any finding either way in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)(4) -- Query - Whether mere mention of word 'street' or 'public street' in the plaint in a suit where plaintiff seek - permanent injunction restraining another person from creating obstruction or encroaching upon said street through which plaintiff claimed right of passage, constituted the plea that land..........
