Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of inhabitants of urban area - Civil..........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7(iv)(d) -- Public Street - Encroachment of - Suit for removal of encroachment - Court fee - Public street not have any market value as it is meant for public use - Not personal property of Municipality - Adveloram Court fee not payable - Suit for mandatory injunction maintainable...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment upon Gali - Ejectment petition for vacation of unauthorised possession - During arguments before Collector parties expressed their consent for making decision after spot inspection and agreed to abide by the said decision - Collector conducted inspection in presence of both parties - Illegal..........
Criminal Procedure Code, 1973, Section 133, 137, 138 -- Encroachment of public street - Finding of fact given after holding enquiry - Cannot be interfered u/s 482 Cr.P.C...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit against Municipal Council upon notice for removal of encroachment - Construction existing on the site quite for some time - Difficult to pin point encroachment on the public street - Municipal Council restrained from demolishing the structure during pendency of suit...........
Punjab Village Common Lands (Regulation) Act, Section 7 -- Encroachment on public street, removal of by demolishing a part of building constructed on the street-Petitioners in answer to allegations denied encroachment and submitted that they are in possession of residential house from time immemorial and are owners of premises-Plea that as petitioners had claimed title of..........
Public street -- Encroachment - Plaintiff not entitled to injunction against the Panchayat from proceeding under the Panchayat Raj Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit in Civil Court for permanent injunction restraining defendant from making/removing encroachment on public street - Plea that site in dispute a public street and vests in Gram Panchayat denied in written statement - Question of title arises whether land in dispute vests in Gram Panchayat or not -..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 181 -- Encroachment more than 30 days old on public street - Action under Section 181 by Municipal Committee - Not competent...........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 181, 2(23) -- Municipal Commit tee issued notice for removal of encroachment on public street - Suit in Civil Court for permanent injunction to restrain Municipal Committee from demolishing alleged encroachment - Court found encroachment on public street was there for more then 30 years - Municipal..........
