Punjab Capital (Development and Regulation) Building Rules, 1952, Rule 2(xxxviii) -- Public building - Allotment site - Site allotted to respondent for school (recognized school) though not government school - It is not violation of the land use reserved under the Zoning plan - Mere fact that the site has been allotted after more than 50 years of preparation of the Zoning..........
Civil Procedure Code, 1908, Section 80 -- Notification regarding charging of external development area fee - Challenged by way of writ petition - Separate permanent injunction suit seeking stay regarding charging of same - Filed without service of notice - Dispensing with application also filed - Relief competent in writ also - No urgency involved - Application for..........
Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 13(2), 13(3) -- Resumption notice - Non-payment of installment - Both the show-cause notices were in terms of Section 13 of the original Act and not in conformity with the provisions of Section 13 of the amended Act - Order regarding resumption of plot and forfeiture of money already paid held not..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 9, 12 -- Jurisdiction - Assistant town planner - Absence of any notification regarding delegation of power - Order passed by Assistant Town Planner, exercising the power of the Director Town and Country Planning under Sections 9 and 12 of the Scheduled Roads Act held..........
Unauthorised construction -- Municipal Council not possessed of any statutory power to regularize unauthorised constructions - Payment of development charges by itself does not lead to exoneration from the consequence of commission of an offence or regularisation of unauthorized constructions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Development agreement - Breach of agreement - Injunction against such breach sought for - Plaintiff after execution of agreement for development of site was all along honestly trying to perform his part of contract - He had in good faith spent huge sum of about Rs.30 lakh in course of last thirteen years in terms of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Development agreement - Breach of - Sought to be restrained from - Plaintiff earnestly performing his part - Spent huge amount of Rs.30 lacs for development on assurance of defendant - Defendant committed default - Defendant was trying to back out of said agreement - Strong prima..........
Land Acquisition Act, 1894, Section 4, 6 18,, 23 -- Land Acquisition - Compensation - Comparable sale - Instances of sale of small tracks of land cannot be the basis of determining the market value of large tracks of land, unless suitable deduction is made in respect of development charges and land to be set apart - How much deductions are to be made depends upon nature of..........
Constitution of India, 1950, Article 14, 226 -- Land Acquisition Act, 1894, Sections 4 and 6 - National Capital Regional Planning Board Act, 1985 - Punjab Scheduled Roads and Controlled Areas (Restriction and Unregulated Development) Act, 1963 - Land Acquisition - Policy matter - Discrimination - Whether in a given set of circumstances certain land should be exempted from..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 4(2), 4(1) -- The requirement of publication of the contents of declaration in terms of Section 4(2) of the Act held to be not mandatory - It cannot be inferred that without such publication of the contents in two newspapers the declaration already issued in terms of..........
