Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 12 -- Show cause notice - Section 12(2) places burden on concerned person to justify his position - Only right available to concerned person to respond to it within a period of seven days - In case he does not tender adequate justification within stipulated time - Open..........
Constitution of India, 1950, Article 226, 14 -- Plea of discrimination, orders passed against petitioner be set aside on account of the fact that no action taken against others who have allegedly committed similar violations as the petitioner - Not tenable - Even if petitioner right in alleging that constructions made by others not been demolished, no relief can be given..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 4, 5 -- Delayed publication of notification under Section 4 declaring area as 'controlled area' - In no way of any direct or indirect benefit to State - Delay in finalising of development plan under Section 5 - Does not vest any direct or indirect beneficial interest in..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3, 4, 5, 6, 7 -- Effective date whereafter access to a scheduled road prohibited - Date of enforcement of the Act on 22.11.1963 - Development plan as envisaged under Section 5 - Has to be prepared only after area notified as 'controlled area' under Section 4 -..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 6 -- Non-obstante clause at the beginning of Section 6 - Not superfluous...........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3 -- Effective date of enforcement of restrictions envisaged under Section 3 - Date of enforcement of the Act - A complete prohibition to erect or re-erect any building or to create means of access to a scheduled road except in the eventualities envisaged by the proviso..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 7 -- Prohibition under Section 7 - Commences from the date area declared as 'controlled area'...........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3, 6 -- Construction within 30 meters of a scheduled road - Expressly barred under Section 3 - Cannot be saved in view of clear mandate of Section 6 even if agreeable to pay compounding charges...........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3, 4, 5, 6, 7 -- Not correct that till development plans finalised under Section 5, open to individuals to create access to scheduled roads or to effect erection or re-erection within prohibited zone along scheduled roads, or to erect or re-erect buildings within..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 5 -- Restrictions envisaged under the provisions of the Act - Do not revolve around plan prepared by Director, Town and Country Planning Department, Haryana - Section 5(1) conceives of a tentative plan in respect of area notified as a 'controlled area'...........
