Punjab New Capital (Periphery) Control Act, 1952, Section 3, 4, Constitution of India, 1950, Article 131, 226 -- As applicable to Haryana - Amendment of development plan of periphery controlled area - Dispute in relation to closure of Ghaggar Dam by Haryana Government - Will be between Government of Haryana and Union Territory of Chandigarh - Cannot be adjudicated by High..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Proviso - 'To be calculated by the Controller' - Qualifies (i) arrears of rent; (ii) interest; and (iii) the costs - Such order is to be based on a summary enquiry which is subject to final determination at the end of regular full fledged enquiry - Law is correctly laid down in Rakesh Wadhawan's..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Proviso - Assessment of arrears of rent - Decision in Rakesh Wadhawan's case which was under East Punjab Urban Rent Restriction Act is equally applicable to Haryana Act...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rakesh Wadhawan's case - Law is correctly laid down and is re-affirmed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Distinction between the two provisions - Held, except for a difference in the manner of constructing the sentences there is no substantial difference in between the two provisions...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8, 12(3) -- Surplus area proceedings became final under Punjab Security of Land Tenures Act - Cannot be reopened by taking benefit of Section 8 Haryana Ceiling Act - Land declared surplus under Punjab Security of Land Tenures Act not utilised by State Government by settling tenants or by way of allotment till coming into..........
Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 -- Regulation 5(5) - Refund of earnest money on refusal of allottee to accept allotment - HUDA directed to refund earnest money with interest @ 9% p.a. - Letter of intent clearly stipulates that letter of intent of allotment of land was an offer, which applicant or plot holder can refuse or accept..........
Haryana Canal and Drainage Act, 1974, Section 24, 2(12), 2 -- Restoration of dismantled watercourse - Merely because water outlet/naka in existence and there were some remains of dismantled watercourse - Does not entitle to get watercourse restored unless and until Authorities arrive at the conclusion with regard to dismantled water-course, whether it was a sanctioned..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(1)(b) -- Original order of surplus passed in 1961 and against allotment appeal and revision finally decided by Financial Commissioner - Recourse to Civil Court litigation - Cannot come to rescue of landowner to recover surplus land - Jurisdiction of Civil Court - Stands barred - Civil Procedure Code, Section 9...........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Haryana Government Instructions No. 2262-AR(L.A.)(1)-78/13643 dated 15.5.1978 - Allotment Authority cannot review its own order - Cancellation of allotment by Allotment Authority - Illegal ab initio...........
