Haryana Municipal Corporation Act, 1994, Section 250, 261 -- Unauthorised construction raised by plot owner - Composition fee levied by Municipal Corporation as per rates fixed by the Govt. much before the raising of unauthorised construction - Order imposing composition fee upheld...........
Evidence Act, 1872, Section 115 -- Estoppel - Illegal and unauthorised possession - Suit for possession - Dispute regarding demarcation and identity of suit land - Dismissed by trial Court - Decreed by Appellate Court on the report of Local Commissioner - Issue `Whether the plaintiff is estopped by his own act and conduct from filing the suit' - Decided in favour of..........
Transfer of Property Act, 1882, Section 108 -- Rights and liabilities of lessor & lessee - Unauthorised construction carried out by tenant/lessee without permission of landlord/lessor - Suit for mandatory injunction for removal of unauthorized construction - Tenant/lessee had no authority to raise construction/permanent structure without consent of landlord/lessor. Haryana..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11(2), Punjab Village Common Lands (Regulation) Rules, 1964 -- Unauthorised occupant - Sale of common land - Authorities under Act have no jurisdiction to allow/order unauthorised occupant of Shamlat/common land to purchase the same - Only Gram Panchayat can allow such person in possession prior to 1950 to retain..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 7(1), 10, 12 -- Construction within 50 mts of high-way - Prayer for compounding or regularisation of construction and violations - Construction made in teeth of notices and directions to stop unauthorised construction - Offending construction put up in a controlled area..........
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..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4 -- Eviction of lessee - Breach of terms of lease - Unauthorised construction & illegal encroachment by lessee - Scope of jurisdiction and powers of Authorities under Act - Property leased out for 20 years - Lessee started raising construction of shops, booths, boundary walls etc. - Notice by lesser..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4 -- Eviction of lessee - Unauthorised construction over leased land - Termination of lease - Govt. instruction regarding regularisation of unauthorised construction - Lease of 20 years, cancelled vide order dated 28.11.1988 - Proceedings for eviction initiated - Lessee filling civil suit - Suit and..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banglore Water Supply Regulations,1965, Regulation 5.1,5.2 - Deficiency in service - Compensation - City corporation - Non issue of `No Objection Certificate' even after 11 years - Some portion of construction demolished though could be regularised as a matter of right - Complainants-respondent harassed by..........
Constitution of India, 1950, Article 226 -- Public Premises (Eviction of Unauthorised Occupants) Act, 1972, Section 22(e)(ii) - U.P. Planning and Development Act, 1973, Section 27 - Writ jurisdiction - Equitable relief - Encroachment on public land - Admission in writ petition that petitioners have raised construction on public land - Plea that only after initiating..........
