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High Court of Punjab and Haryana at Vs. Land Acquisition Tribunal and ...

Court : Punjab and Haryana

..... attest to the accuracy and integrity of this document cwp no.18653 of 2004 -7- (18).the fact that the tribunal failed to rely upon the smaller sale instances in the wakf board case or that it was bound to consider such instances in the instant case signifies the distinguishable features kept in view by the tribunal while assessing the market value. ..... these writ petitions have been preferred by the kapurthala improvement trust impugning the award dated 11.08.2004 (annexure p7) passed by the land acquisition tribunal constituted under the punjab town improvement act, 1922 (in short, the 1922 act ) whereby the respondent-landowners have been held entitled to compensation for the acquired land @ rs.450 per marla along with ..... (17).adverting to the second contention, namely, whether the tribunal ought to have relied upon and followed the award dated 31.05.1999 rendered in respect of the wakf board land, learned counsel for the petitioner-trust is not sure whether the said award was produced in evidence or not though there is a reference to the award (ex.r2).firstly, the award dated 31.05. ..... (8).while the matter was still under consideration before the tribunal on the second remand made by this court, it appears that the wakf board also staked its claim for enhanced compensation and its reference was decided by tribunal vide separate award dated 31.05.1999 (annexure p6) awarding the compensation ..... by the state government vide notification dated 29.07.1976 under section 42(1) of the 1922 act. .....

Present: Mr. Salil Sagar Senior Advocate with Vs. Rajinder Kaur and An ...

Court : Punjab and Haryana

..... order dated 4.8.2009, allowing the writ petition of first respondent in which he sought allotment of a plot in the category of local displaced persons (ldp) in accordance with the utilization of land and allotment of plots by improvement trust rules, 1975, (for short 'the 1975 rules'), with a direction to the appellant-trust to allot the plot to respondent no.1 of the size as per her entitlement but at the current reserve price i.e. ..... single judge took notice of the fact that the land of first respondent was acquired on 8.8.1976 and the final notification of such acquisition under section 42 of the punjab town improvement act, 1922 was issued on 24.11.1978, followed by the award passed on 12.6.1980. ..... was pending consideration, the new set of rules, namely utilization of land and allotment of plots by improvement trust rules, 1983 came into force. ..... term of the said chairman expired on 2.11.2010 and it was after the new chairman took over and when he came to knot about the initiation of contempt proceedings against him on 11.3.2011, that the improvement trust resolved to file the accompanying appeal.4. ..... the improvement trust has also moved an application under section 5 of the limitation act for condonation of delay of 595 days in filing the ..... amongst the functionaries of the improvement trust, chairman is not the only officer, to take the decision, rather there are several other responsible officers who could pursue and take up the matter before appropriate quarters to decide whether .....

Kalawati and ors. Vs. Karnal Improvement Trust Through Its Administrat ...

Court : Punjab and Haryana

Reported in : (2010)158PLR536

..... the petitioners were owners of some property in karnal had lost a piece of property for extent of 1240 per square yard acquired by the government under the provisions of the punjab town improvement act in fulfillment of development of a scheme no. ..... to understand the tenability of the contention of the petitioner, we have to therefore look into the relevant provisions of the improvement trust land disposal rules of 1976. ..... in terms of karnal improvement trust land disposal rules, 1970, a local displaced person means a person whose property had been acquired by the trust for the acquisition of any scheme under the punjab town improvement act. ..... under the terms of the agreement, the karnal improvement trust had received rs. ..... by the trust for the execution of the scheme or who has been a tenant of a property in the scheme for a period of not less than one year prior to publication by the trust of the notice under section 38 of the act and continued as such till that property is acquired by the trust. ..... 2124 of 1976 before this court and a division bench of this hon'ble court passed an order on 13.05.1976 on the basis of a common understanding between both parties. ..... 2124 of 1976. ..... same rate at which the price is fixed as compensation to the petitioners in the land acquisition case, which is now pending before this court in the appeal against the award passed under section 18 of the land acquisition act. .....

M/S. Subbhash Chander Kamlesh Kumar Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H259; (1990)98PLR666

..... market area for these reasons;(a) the whole of the notified market area is too big an area for any effective control and supervision by a particular market committee;(b) section 6(3) read with section 10 of the act requires a licence by a dealer for doing business in the principal market yard or sub-market yard;(c) only sale or purchase of agricultural produce by way of auction taking place in the principal market yard ..... thereto andbringing about other necessary improvements therein, construction of godownsand other placesof storage, for the agricultural produce brought in the market area for sale/purchase and the construction of rest houses equipped with all modernamenities, to make the stay of visitors (both sellers and purchasers) in themarket area comfortable and for any other pur-pose which may beconsidered by the board to be in the ..... . 212 of 1975 decided onjuly 30, 1976) (reported in air 1976 sc 2433) to which one of us was a party, is to try to find out and follow the opinion expressed by larger benches of this court in preference to those expressed by smaller benches of the court which practice ..... . state of andhra pradesh, air 1976 andh pra 193, it was contended that the facilities provided were confined to the market proper ..... air 1976 ..... . subramaniam, air 1976 sc 2433, concluded the legal position in the following words:'of course, if the views expressed earlier by a larger bench of the supreme court havebeen explained even by a smaller bench in a subsequent .....

Nawal Singh Vs. the Administrator, Municipal Committee, Charkhi Dadri ...

Court : Punjab and Haryana

Reported in : AIR1984P& H61

..... 2 has become unexecutable or non-existent after the expiry of five years as provided by section 44-a of the town improvement act and whether the respondent ought to have withdrawn the acquisition proceedings when the scheme for which the land was sought to be acquired has become unexecutable and thus non-existent in the eyes of ..... provides for a period of five years for the completion and accomplishment of the scheme from the date of its notification under section 42 of the act unless duly extended by the state government under the proviso thereto; (ii) that the writ petition must succeed and is hereby allowed with costs.26. ..... i am also in respectful agreement with the view that in the exercise of its powers under the proviso to section 44-a of the act the state government is required to extend the period of five years, before its expiry: any extension granted after the expiry of the said five years is ..... in particular it was sought to be argued that the acquisition proceedings having been duly commended under the schedule to the act and the award having been announced the scheme must be deemed to be executed without anything more and the petitioner be non-suited on ..... seems to be manifest that though the scheme was published under section 42 of the act on 6th february, 1976. ..... the backdrop the salient facts are that the scheme in question was published under section 42 (1) of the act on 6th february, 1976. ..... award for compensation was passed on 3rd november 1976. t. s. ..... 1976 ..... 1976 ..... 1976 ..... 1976 ..... 1976 .....

Kartar Kaur and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1981P& H146

..... that section 48(1) is the only method in which the government can withdraw from the acquisition has no force because the government under section 4 and 6 by the virtue of its power under section 21 of the general clauses act and this power can be exercised before the government directs the collector to take action direct the collector to take action under section 7. ..... the improvement trust, ludhiana, (hereinafter referred to as the trust) framed a development scheme under section 24 read with section 28(2) of the punjab town improvement act, 1922, (hereinafter referred to as the act), regarding 17 acres of land near the jawahar camp and in this regard published a notice under s ..... it is thus clear that the trust by abandoning the scheme and thereby withdrawing the notice under section 36 of the act, can bring about the withdrawal or the abandonment of the acquisition proceedings.further it is not denied by the trust that in pursuance of the resolution ..... chapter 4(section 22 to 44) of the act deals with the framing, processing and sanctioning of the various scheme such as improvement, re-building, development or extension and housing ..... this judgment will dispose of seven writ petitions nos 2262, 2167, 2211 and 2215 to 2218 of 1976, as identical question of law and fact have bee raised in these all. ..... 2262 of 1976, would govern the merit of the other cases and in this view of the matter i propose to make a reference, whenever necessary, to the facts and records of this case only.2 .....

Urban Improvement Company Pvt. Ltd. Vs. The State of Haryana and Other ...

Court : Punjab and Haryana

..... state of haryana 1993(2) plr 317 (supra) noted that on 23.06.1976 the company law board in exercise of powers conferred under section 408 of the companies act, 1956 appointed the directors for a period of three years to effectively safeguard the interests of ..... of the special status of the petitioner, inter-alia, on account of the company law board having constituted its board of directors, the respondents in exercise of the powers conferred under section 23 of the 1975 act granted the petitioner the said exemption for setting up the colony on the terms and conditions ..... addressed to the petitioner, respondent no.2 stated that edc was being revised and that the private colonizers who had been granted exemption under the 1975 act and the rules framed thereunder would be required to pay the proportionate edc at the revised enhanced rates which were yet to be finalized. ..... , haryana, town and country planning department, by a letter dated 05.04.1982 in exercise of the powers conferred under section 23 of the 1975 act granted the petitioner exemption for setting up a residential colony subject to the following terms and conditions. ..... 06.10.1994 which reads as under:- "it is common ground before us that in compliance of the directions given by this court date4d 17.01.1994 deposit of the required amount has been made by respondent no.1-urban improvement company p. ..... interim order on 17.01.1994:- "the respondent no.1 m/s urban improvement co. ..... by an order and judgment in urban improvement co. .....

Sumanyu Dudi Vs. State of Punjab and Others

Court : Punjab and Haryana

..... of policy, how the provisions of the statute can best be implemented and what measures, substantive as well as procedural would have to be incorporated in the rules or regulations for the efficacious achievement of the objects and purposes of the act..........the court cannot sit in judgment over the wisdom of the policy evolved by the legislature and the subordinate regulation-making body. ..... this issue was considered at length by this court in maharashtra state board of secondary and higher secondary education and anr. v. ..... it may be a wise policy which will fully effectuate the purpose of the enactment or it may be lacking in effectiveness and hence calling for revision and improvement. ..... (2004) 13 scc 383; president, board of secondary education, orissa and anr. v. d. ..... the petitioners request for revaluation has been rejected by the respondent-board on the ground that there is no provision in the office of the board for revaluation. ..... air 1984 sc 1585; board of secondary education v. ..... vires and the court cannot strike it down on the ground that in its opinion, it is not a wise or prudent policy, but is even a foolish one, and that it will not really serve to effectuate the purposes of the act........." 25. .....

Harf Charitable Trust (Regd), Malerkotla Vs. Chief Commissioner of Inc ...

Court : Punjab and Haryana

..... objects of the trust (a) to spread education and for achieving the said object to establish, maintain, run, develop and improve, extend, grant donations in cash and kind and assist in the establishment, running, development, improvement and extension of schools, colleges, workshop, industrial and technical schools, institutions for the promotion of agriculture, hostels for the benefit of needy students, maintain agriculture farms for the benefit of the poor. ..... , within seven days of the new dispensation coming into force, the pa can grant approval subject to such terms and conditions as it deems fit provided they are not in conflict with the provisions of the 1961 act (including the abovementioned monitoring conditions). while imposing stipulations subject to which approval is granted, the pa may insist on certain percentage of accounting income to be utilized/applied for imparting education in india ..... counsel for the department, on the other hand, contended that the order was justified and within the ambit of the provisions of the act and once the trust was having other objectives which were not related to the charitable purposes, no fault could be found in the decision of respondent no. 1. ..... it is not disputed that the school as such is also affiliated with the central board of secondary education, new delhi and has also been granted registration under section 12-a w.e.f. .....

Cwp No.9561 of 2014(Oandm) Vs. State of Punjab and Others

Court : Punjab and Haryana

..... high court of punjab and haryana at chandigarh cwp no.9561 of 2014(o&m) date of decision: august 12, 2014 court on its own motion ..petitioner versus state of punjab and others ..respondents coram:- hon'ble mr.justice ashutosh mohunta acting chief justice and hon'ble mr.justice harinder singh sidhu present: court on its own motion. ..... there has been substantial improvement in the conditions in this jail since the inspection of the hon'ble judge. ..... the availability of games like luddo and carom boards was seen in some barracks, but at the same time, the report of the district and sessions judge reveals that much more is required to be done in many fields, e.g.provision of new buildings, posting of three permanent doctors in ..... various photographs of the improved conditions of the inmates have also been placed on record. ..... televisions, chess, luddo and carom boards have been made available for the inmates and they play games like volleyball, cricket and badminton. ..... (ashutosh mohunta) (harinder singh sidhu) acting chief justice judge august 12, 2014 `gian' .....