Punjab Town Improvement Trust Act, 1922, Section 36 -- Acquisition of land - Compensation - 25 acres of land acquired in 1993, which was used for Transport Nagar Scheme, essentially an urban requirement - Rate of Rs.5,25,000 per acre awarded in the year 1989 to be base rate to arrive at appropriate compensation for acquisition in 1993 i.e after four years - Appellants..........
Punjab Town Improvement Trust Act, 1922, Section 18 -- Acquisition of land - Allotment of plots in addition to compensation - Power of Reference Court - In the instant case, no such policy shown in support of such claim - Therefore, such claim is beyond purview of reference Court and is not germane...........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Ownership - Phar land - Trust unable to file document with respect to its ownership - Even, no evidence is adduced that at any point of time street was owned by it, and that how any right, title or interest vested in it, and also as to how it become public street - Moreover, no evidence adduced that road mettled by..........
Punjab Town Improvement Trust Act, 1922, Section 36, Land Acquisition Act, 1894, Section 23 -- Amendment u/s 23(1) of 1922 Act - Applicability - Award passed prior to date of commencement of amendment, hence, provisions for payment of enhanced compensation u/s 23(1) of 1922 Act will not apply...........
Punjab Town Improvement Trust Act, 1922, Section 36, Constitution of India, 1950, Article 133, 136 -- Acquisition of land - Compensation - Determination - In the instant case, as per sale deed on record compensation granted @ Rs.1000/- per square yard - Hence, compensation determined will also carry statutory benefits...........
Punjab Town Improvement Act, 1922, Section 36, 42 -- Acquisition of land - Appeal seeking enhancement of compensation - Delay in filing of appeal - Claim for interest - Landowners are not entitled to payment of interest on enhanced compensation for the period of delay in filing appeal i.e. from date of award of Tribunal till date of filing of petition...........
Punjab Town Improvement Trust Act, 1922, Section 36, Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 -- Acquisition - Release of land - Appellant and the other members of the family, who are the owners of the land covered by the second acquisition, approached the Trust seeking release of land to an extent of 500 sq. yards each - If the area of..........
Punjab Town Improvement Trust Act, 1922, Section 36, 42, 72E, Constitution of India, 1950, Article 14, 16, 226 -- Grant of exemption from acquisition or releasing the acquired land on which construction had already been raised merely because the quality of construction is different - It is difficult to accept the case of State Govt. that certain types of structures which..........
Punjab Town Improvement Trust Act, 1922, Section 43 -- Alteration of scheme after sanction - Challenge to - Delay & latches - Proposal for change of land use in respect of land in question was first of all mooted in year 2004 - Thereafter, various occasions were available with petitioner society to challenge action of respondents - However, no proceedings were initiated -..........
Punjab Town Improvement Trust Act, 1922, Section 36, Land Acquisition Act, 1894, Section 18 -- Land acquired in the year 1972 - Compensation fixed on the basis of land acquired in the year 1970 - Benefit of notional increase in market value of acquired land has to be granted - Benefit of increase at the rate of 12% per annum granted...........
