Haryana Development and Regulation of Urban Areas Act, 1975, Section 3 -- Construction of schools, hospitals, community centres and other community buildings - Do not come within purview of term 'development works' - Costs therefor - Not to be borne by plot holders - Cost of 'development works' - Indisputably to be raised from plot holders...........
Haryana Development and Regulation of Urban Areas Rules, 1976, Rule 11, 10 -- Licence Agreement, Clause (t) - Cannot be construed to put implied limitation on owner of land to transfer its land - Cap on profits - Irrelevant as regards right of colonizer to transfer land - Clause (t) of Licence Agreement - For the State of Haryana to invoke clause (t) if and when any..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3(3)(a) -- clause (iv) - Expressions 'at his own cost' and 'at its cost' - Must be held to have separate and distinct meaning - Not meant to aim at the same person...........
Haryana Development and Regulation of Urban Areas Rules, 1976, Rule 2(b) -- Expression 'amenity' as defined in Rule 2(b)-Wider than 'development works' - Expressions 'development works' and 'amenity' used for different purposes - Licence does not postulate that all amenities must be provided by colonizer at its own expense...........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 10, 2(o), 7, 2(C) -- Applicability of - Only to area within ambit of urban area as defined - Notice to demolish building, stop construction and restore land to its original position as same falls within urban area - No evidence to conclude that land falls within ambit of urban area - Provisions of Act not..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 7(1), 9, 10, 2(o) - - Sale of plots by sub-dividing land into plots for residential/industrial/commercial, without obtaining licence from Director Town and Country Planning - Can be prosecuted if prima facie established that land sold within 5 Kilometres of municipal limits - Sale effected much prior to..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 15 -- Jurisdiction of Civil Court to adjudicate dispute between purchaser and licensee/ colonizer - Not ousted - Section 15 has nothing to do with private dispute between purchaser and licensee/colonizer - Demand of enhanced external development charges by licensee/colonizer - Purchaser can seek remedy of..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 5 -- Levy of external development charges - Backed by statutory provisions - Power to determine extent/rate of enhancement of external development charges - Conferred upon Director...........
Constitution of India, 1950, Article 226 -- Enhancement of external development charges - Challenge by purchaser from licensee/colonizer - Purchaser cannot question levy of enhanced external development charges by Authorities - Agreement to sell and sale deed executed between purchaser and licensee/colonizer do not have their source in provisions of the Act and Rules - No..........
