Haryana Municipal Act, 1973, Section 4(1),4(3) -- Notification issued for inclusion of area in MC limit - Challenge against notification on ground that preliminary notification u/s 4(1) of the Act was never issued and thus final notification was void ab initio - However, notification was duly published in Govt. Gazette circulated in various govt. offices - Held, in view..........
Railways Act, 1989, Section 20A, 20F(2), 20E(1) -- Acquisition of land for special railway project - Appeal against award - S.20E of the Act requires notification declaring acquisition to be published only in official gazette - There is no requirement of publication of notification in any newspaper - Therefore, period of one year stipulated in S.20F(2) of the Act to make..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 5,6,7, Haryana Municipal Act, 1973, Section 203, Works of Defence Act, 1903, Section 3,7 -- Petitioner Society raised unauthorised constructions in controlled area in utter violation of provisions of Gazette Notification issued by Govt. of India under sections 3 and 7 of..........
Punjab Municipal Act, 1911, Section 4(1), 5 -- Municipal Limits - Extension - Gazette notification issued for extension of municipal limits - Held, it is a public notice - No further individual notice is required to be issued in absence of specific and express provisions providing for issuance of such notice under relevant provision of the Act...........
Wakf Act, 1954, Section 3(1), 5, 17, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Entries in Revenue Record not conclusive proof of ownership - Government Gazette Notification shows Wakf Board as owner - Jamabandi showing land as shamlat - Held, Wakf Board owner...........
Land Acquisition Act, 1894, Section 48(1) -- Withdrawal from acquisition - A notification to that effect has to be issued in the official gazette - Withdrawal cannot be made without such notification...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Independent arbitrator - Appointment of - Clause 23 of agreement already stands deleted by publication of notification in official gazette - Clause 23 is not an arbitration agreement - Held, even if it is an arbitration agreement, Superintending Engineer is named as sole arbitrator - Petitioner will be justified in..........
Punjab Town Improvement Trust Act, 1922, Section 73E, 42, 43 -- Development scheme - Land acquired - Subsequently Improvement Trust passing a resolution exempting certain land as the same found not necessary for the Development Scheme - Notification not published to this effect in Gazette - Petitioner gets no right over land on basis of resolution of Trust - In the absence..........
Statute -- Commencement - Act was to come into force on such date as the Central Govt. may by notification in the official gazette appoint - No such notification placed on record - Provisions of General Clauses Act would be applicable only when Act is silent as to its commencement - Held, Act has not come into force...........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4(1) -- Notification for acquisition of land challenged on ground of non publication of notification as per the requirement of sec. 4(1) of the Act - Notification published in Gazette on 16.08.2001 - Published in two daily newspapers on 20.08.2001 - Proclamation of notification made in..........
