Punjab Town Improvement Trust Act, 1922, Section 44A - - Development Scheme prepared under Section 24 read with Section 28(2) - Scheme not completely executed within a period of 5 years from date of notification under Section 42(1) in Government Gazette - No extension granted by State Government - Agreement to sell land to University did not fructify into a completed sale..........
Punjab Town Improvement Trust Act, 1922, Section 38, 42(2) -- Challenge to Scheme and sanction accorded by Government under Section 42(2) - Site purchased by registered deed - Non-issuance of notice under Section 38 on the ground that purchaser not informed Trust about purchase and same not entered in revenue record - Not justified - Purchase made by way of a registered..........
Punjab Town Improvement Trust Act, 1922, Section 24 -- Development Scheme framed - Sale of plot, agreement duly executed, in part performance a sum towards sale price and security paid, entered into possession and construction raised - Notice for forfeiture of sale price already paid and resumption of plot - Action taken in accordance with agreement - Cannot be held to be..........
Punjab Town Improvement Trust Act, 1922, Section 59 -- Award of Tribunal determining amount of compensation - Relevant evidence ignored - Legality of Award can be gone into in exercise of jurisdiction under Article 226 of Constitution of India...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining defendants from dispossessing plaintiff from land as land in dispute owned by Trust and not by Murti therefore ejectment orders against plaintiff null and void - Ejectment orders under Punjab Security of Land Tenures Act against plaintiff passed by..........
Punjab Town Improvement Trust Act, 1922, Section 36, 38, 42 -- Part of Scheme already declared illegal - Plea that remaining Scheme cannot be enforced - Not tenable - Whole of Notification can be declared ultra vires at the instance of one person - Land acquired under Notification if distinct and separate - Only persons who successfully challenge same can take benefit of..........
Punjab Town Improvement Trust Act, 1922, Section 36, 38, 42 -- Acquisition of property which earlier owned by Central Government - Not illegal...........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Obligatory for Authorities to publish notice under Section 36 in Gazette as also in newspaper - Publication of notice under Section 36 mandatory though frequency of publication thereof not - Publication of notice in newspaper alone - Cannot be treated as substantial compliance - No presumption can be raised against..........
Punjab Town Improvement Trust Act, 1922, Section 101(1)(d), 42, 36 -- Illegality as a result of no, compliance of mandatory provisions of Section 36 - Cannot be cured under Section 101(1)(d) - Full Bench decision in Prof. Jodh Singh's case 1984 P. L. J. 413 Followed - Section 101 not intended to cure irregularity of no, compliance of mandatory provisions...........
Punjab Town Improvement Trust Act, 1922, Section 38, 36 -- Notice under Section 38 of proposed acquisition - Owners/occupiers cannot object to the very framing of Scheme under Section 36...........
