Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1965, Section 6 -- Notice alleging violation of Section 6 - Final Plan as envisaged by Section 5(7) not approved and notified - Cannot be said that building erected in contravention of Plans and restrictions and conditions contained therein - Notice invalid...........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1965, Section 10 -- Appeal, maintainability of - Person if aggrieved by order of Director under Section 6(2) granting permission or licence Subject to conditions or refusing permission or licence - Appeal maintainable - Challenge to notice alleging violation of Sections 3 and 6 on the..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1965, Section 3 -- Notice alleging contravention of Section 3 - Building not constructed within 100 metres on either side of road reservation of any scheduled road - Notice invalid...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(iii), 7 -- Landholder in cultivating possession of Shamilat Deh land prior to 26.1.1950 and land in dispute allotted in lieu thereof in consolidation proceedings - Not included within definition of Shamilat Deh for purposes of Act - Gram. Panchayat cannot seek eviction from such land in proceedings under..........
Land Acquisition Act, 1894, Section 23, 30 - - Sub-section (1) of Section 30 only governs applicability of Section 23(1-A) to proceedings before Collector and not before Land Acquisition Court or Appellate Court - Words "every proceeding for the acquisition of any land under the principal Act" occurring in clauses (a) and (b) of sub-section (1) of Section 30 only refer to..........
Land Acquisition Act, 1894, Section 16, 11 -- Acquisition proceedings terminate or come to end with passing of Award or taking of possession of acquired land by Collector - Moment Collector takes possession of acquired land after making Award under Section 11, same vests absolutely in Government in terms of Section 16 and proceedings come to end - Subsequent proceedings as..........
Punjab Tenancy Act, 1887, Section 8 -- Determination whether tenant acquired occupancy rights under Section 8 - Propositions of law laid down in Muni Ram's case 1974 PLJ 369 - For applicability of proposition (4) in the first instance a person claiming occupancy rights to prove circumstances from which inference can be drawn that implied promise not to eject from land for..........
Punjab Tenancy Act, 1887, Section 77(3)(d), 8 -- Question of title - Can be determined in Civil Court - If in order to determine question of title, ancillary question determinable by Revenue Court has to be decided - Matter still remains within competence of Civil Court - Section 77(3)(d) takes out of jurisdiction of Civil Court only that suit which is instituted to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction to prevent proposed alienation (not for benefit of family or for any legal necessity) - Cannot be granted - No right in a coparcener to maintain a suit for permanent injunction restraining manager or karta from alienating coparcenary property - Coparcener has right only to challenge alienation of..........
Punjab Security of Land Tenures Act, 1953, Section 9A -- Entitlement for resettlement - Eligibility of tenant should be examined at the time of passing of ejectment order - Tenant if found to be in possession of less than 5 Standard Acres - Entitled to allotment of equivalent surplus area from which being ejected - Sohan Singh's case 1964 P. L. J. 150 not applicable where..........
