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Krishan Lal Chabra Vs. the Administrator, Punjab Urban Planning and De ...

Court : Punjab and Haryana

Reported in : (1997)115PLR18

..... in the year 1995, the state legislature passed the punjab apartment and property regulation act, 1995. ..... on november 10, 1995, a notification was published in the government gazette under section 21(1) of the act by which the governor of punjab fixed the 30th day of november 1995 'as the date from which no person shall carry on business of promoter or estate agent, or represent or hold himself out as carrying on such business except under and in accordance with the terms and conditions of the certificate or registration granted under the aforesaid act'. ..... the two latter provisions deal with the development of land into colonies and regulation of property transactions. ..... on february 2, 1996, the administrator, punjab urban planning and development authority, ludhiana, wrote to the senior superintendent of police and requested him that 'directions may be issued to the concerned sho to register the fir' against the petitioner 'as he has given advertisements for raising unauthorised colony/apartments..... ..... it was during this interval when the 1975 act did not exist and the provisions of 1995 act regarding registration as a promoter were not in force that the advertisements had been issued by the petitioner. ..... on october 13, 1995, the governor of punjab issued a notification in terms of section 1(3) declaring that the act shall come into force in the state of punjab with effect from oct. .....

N.R.i. Developers Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1998)118PLR389

..... common issue which arises for adjudication in these petitions relates to the validly of the orders passed by the additional chief administrator (mohali), exercising the powers of the competent authority, and the notification dated 30.1.1997, issued under section 2(1) of the punjab apartment and property regulation act, 1995 (hereinafter referred to as 'the act).2. ..... the certificate of registration under the act, the petitioner submitted an application before the additional chief administrator, punjab urban development authority, mohali under section 5 of the act read with rule 10(1) of the punjab apartment and property regulation rules, 1995 (for short 'the rules). ..... the act of 1995 has been enacted with a view to regulate the promotion of the construction, transfer and management of apartments on ownership basis, to regulate colonies and property transactions and to provide for registration of promoters and estate agents and enforcement of obligations on promoters and estate agents and for matters connected therewith or ..... before the enactment of 1995 act, the punjab regulation of colonies act, 1975 occupied the ..... to check, control and regulate the activities of private colonisers and protect the interest of the consumers keeping in view the national housing policy, the legislature enacted the 1995 act. ..... dated 27 9.1996 issued under section 2(1) of the act, the governor of punjab appointed the additional chief administrators of punjab urban planning and development authority, s.a.s. .....

Amarinder Singh Vs. Special Committee, Punjab Vidhan Sabha and ors.

Court : Supreme Court of India

..... veer colonizers) had applied for a licence under section 5 of the punjab apartment and property regulation act, 1995 to develop the above-mentioned plot of 32.10 acres which was situated in the proximity of the amritsar-jalandhar road ..... of persons convicted of grave misdemeanors, whose seats are not, as in the case of members convicted of treason or felony, automatically vacated.members have been expelled as being in open rebellion; as having been guilty of forgery; of perjury; of frauds and breaches of trust; of misappropriation of public money; of conspiracy to defraud; of fraudulent conversion of property; of corruption in the administration of justice, or in public offices, or in the execution of their members of the house; of conduct unbecoming the character of an officer ..... after mentioning the membership and the qualification of the voters as also principles and the mode of election and dealing with the power of the voters as also principles and the mode of election and dealing with the power of determining disputed elections by the house of commons, one of the facets of the privilege of the house of commons to provide for and regulate its own constitution, in the context of the vacation of seats in the house by incurring disqualifications, he refers in sub-para (6) to the ..... hence, in this case the special committee proceeded to enquire into the executive acts of the appellants and petitioners which had taken place during the previous term of the punjab vidhan sabha. .....

Sukhtar Singh Buttar and Another Vs. Sushma Buildtech Ltd.

Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh

..... clause 18(d) of the apartment buyers agreement, annexure c-2, is extracted hereunder:- 18(d) the apartment with the building in which the apartment is, shall be subject to the provisions of punjab apartment ownership act, 1995 and/or punjab apartment and property regulation act, 1995 (papra) or any statutory enactment or modifications thereof. ..... section 14 of punjab apartment and property regulation act 1995 reads as under:- 14.occupation and completion certificate:- (1) it is the responsibility of the promoter:- (i) in the case of apartments, to obtain from the authority required to do so under any law completion and occupation certificates for the building and if a promoter, within a reasonable time, after the construction of the building, does not apply for an occupation certificate from the aforesaid authority, the allottee of an apartment may apply for an occupation certificate from the said authority; and (ii) in the case of a colony, to obtain completion ..... the promoter of the colony/project was required to obtain occupation and completion certificates from the competent authority under section 14 of punjab apartment and property regulation act, 1995, as per the terms and conditions of licence granted to the promoter under section 5 of the act prior to its occupation. ..... since the opposite party failed to comply with the mandatory provisions of section 14 of the punjab apartment and property regulation act, 1995, before offering the possession, they committed an illegality. .....

Col. Jasinder Pal Singh (Retd.) and Another Vs. Sushma Buildtech Ltd.

Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh

..... clause 18(d) of the apartment buyers agreement, annexure c-2, is extracted hereunder:- 18(d) the apartment with the building in which the apartment is, shall be subject to the provisions of punjab apartment ownership act, 1995 and/or punjab apartment and property regulation act, 1995 (papra) or any statutory enactment or modifications thereof. ..... the promoter of the colony/project was required to obtain occupation and completion certificates from the competent authority under section 14 of punjab apartment and property regulation act, 1995, as per the terms and conditions of licence granted to the promoter under section 5 of the act prior to its occupation. ..... since the opposite party failed to comply with the mandatory provisions of section 14 of the punjab apartment and property regulation act, 1995, before offering the possession, they committed an illegality. ..... ndc had not been issued, apartment was unfit for occupation because of deficiencies, already pointed out, and the occupation and completion certificates from the authorities had not yet been obtained by the opposite party under section 14 of punjab apartment and property regulation act, 1995. 7. ..... according to section 14(1)(ii) of the punjab apartment and property regulation act, 1995, extracted above, the opposite party was required to obtain the completion and occupation certificates from the competent authority. ..... section 14 of punjab apartment and property regulation act 1995 reads as under:- 14. .....

Cwp No. 946 of 1996 Vs. State of Punjab and Another

Court : Punjab and Haryana

..... sanjay kishan kaul, chief justice (oral) learned counsel for the petitioners.after some arguments, confine their submission to the plea that rule 24 (c) of the punjab apartment and property regulation rules, 1995, framed under the punjab apartment and property regulation act, 1995, should apply only in case of registration of a promoter and not for registration of an estate agent. ..... krishan gopal ....petitioner versus state of punjab ......respondent cwp no.186 of 1996 m/s premier complexes ltd....petitioner versus state of punjab and others ....respondents cwp no.18611 of 1995 ludhiana east property dealers association (regd. ..... ) and another versus state of punjab and another ....respondents cwp no.946 of 1996 and other connected cases -2- cwp no.3665 of 1996 the patiala district property dealers welfare ....petitioner association (regd. ..... ) versus state of punjab and another ....respondents coram: hon'ble mr.justice sanjay kishan kaul, chief justice hon'ble mr.justice augustine george masih present:- mr.amar vivek, advocate, for the petitioners in cwps no.946 of 1996 and 18611 of 1995. ..... ) ....petitioner versus state of punjab and another ....respondents cwp no.3486 of 1996 m/s ludhiana developers and builder ....petitioners association (regd. ..... 7.2013 cwp no.946 of 1996 ravinder arora ....petitioner versus state of punjab and another ....respondents cwp no.905 of 1996 sh. ..... in the high court of punjab and haryana at chandigarh date of decision :1. .....

Whether Reporters of Local Papers May Be Allowed to See the Vs. Plot H ...

Court : Punjab and Haryana

..... , respondent nos.4 & 5 herein after stated to have filed a revision petition under section 34 of the punjab apartment and property regulation act, 1995, which is presently stated to be listed for hearing on july 28, 2005. ..... (oral) this writ petition impugns the orders dated 17.12.2004, 25.10.2004, 28.5.2004, passed by respondent nos.2 & 3 in exercise of their statutory powers conferred under the punjab apartment and property regulation act, 1995. ..... in the high court of punjab & haryana at chandigarh civil writ petition no.1404 of 2005 date of decision : november 23, 2012 plot holder welfare society and another .....petitioners versus state of punjab and others .....respondents coram : hon'ble mr.justice surya kant. ..... the fact that the matter was adjourned sine die more than seven years before and the petitioners have yet not produced the order of the revisional authority, gives an impression as if their grievance has been fully redressed. ..... when the writ petition came up for preliminary hearing on 26.7.2005, a coordinate bench passed the following order:- ...the promoters from whom the petitioners are alleged to have purchased the properties, i.e. ..... the letters/notices dated 7.12.2001, 14.12.2001, 10.1.2002, 15.5.2002, 15.12.1998 and 17.12.2004 are also assailed. .....

Bhupinder Pal Singh Vs. State of Punjab and Another

Court : Punjab and Haryana

..... not m-31788 of 2010 (o&m) no.453 dated 7.11.2009 under section 36 (1) of punjab apartment and property regulation act, 1995 (the act for short) registered at police station kharar, district sahibzada ajit singh nagar and all the subsequent proceedings arising therefrom. ..... the two latter provisions deal with the development of land into colonies and regulation of property transactions. ..... repeal, anything done or any action taken under the act so repealed including any notification, order, notice issued, application made, or permission granted, which is not inconsistent with the provisions of this act shall be deemed to have been done or taken under the corresponding provisions of this act as if this act was in force at the time such thing was done or action was taken and shall continue to be in force, unless and until superseded by anything done or any action taken ..... it was during this interval when the 1975 act did not exist and the provisions of 1995 act regarding registration as a promoter were not in force that the advertisements had been issued by the petitioner. ..... "as already noticed, vide notification dated october 13, 1995, a copy of which is on record as annexure p3, the act was enforced with effect from october 15, 1995 in the whole of the state of punjab. ..... in this situation, it cannot be said that the petitioner had acted in violation of the provisions of sections 4 or 21 in issuing the two advertisements dated october 30, 1995 and november 6, 1995. .....

Kawaljit Singh Vs. Kawaljit Singh

Court : Punjab and Haryana

..... the present petition filed under section 438 cr.p.c.is for grant of anticipatory bail to the petitioner in case fir no.40, dated 20.2.2013, under sections 36(1)(3) of the punjab apartment and property regulation act, 1995 and section 420 ipc, registered at police station fatehgarh sahib. ..... bench of this court while issuing notice of motion on 22.5.2013, passed the following order: petitioner is alleged to have violated the provisions of punjab apartment and property regulations act, 1995. ..... meanwhile, an interim direction is issued that the petitioner will join investigation on june 1, 2013 and in case of his doing so, he will be released on interim bail to the satisfaction of the arresting officer ..... has been stated by learned state counsel as well on meenu 2014.02.18 16:57 i attest to the accuracy and integrity of this document chandigarh crl.m.no.m-16663 of 2013 (o&m) -2- instructions from asi sandesh pal singh that the petitioner has joined the investigation and that he is no more required for any custodial interrogation by the police. ..... of 2013 (o&m) -1- in the high court of punjab and haryana at chandigarh. ..... have heard learned counsel for the parties and have gone through the whole record carefully. ..... .dhir malhotra, dag, punjab....ram chand gupta, j ..... (ram chand gupta) meenu judge meenu 2014.02.18 16:57 i attest to the accuracy and integrity of this document chandigarh ..... state of punjab ......respondent coram: hon'ble mr.justice ram chand gupta present: mr.arvind kashyap, advocate for .....

St. Soldier Limited Vs. Pushpinder Kumar

Court : Punjab and Haryana

..... the contention by the plaintiff was that under the provisions of the punjab apartment and property regulation act, 1995, the liability for payment of external development charges was only on the developer of a colony and there had been no contract any point of time to incur the expenditure by the apartment owner. ..... the trial court dismissed the suit but in the appeal, the appellate court made reference to a statutory provision contained under section 5 of the act of 1995 and also made reference to judgment of the district court, though not binding, as, persuasive that the developer cannot recover it from the apartment owner which is against the act. ..... the provisions are meant for the benefit of apartment owners and casts an obligation on coloniser that he will not enter upon any property to make construction or development unless he subjects himself to the statutory regulations of incurring expenditure for development of infrastructure. ..... the counsel would make an assumption that such a right must be available because the coloniser cannot be expected to incur any expenditure on his own account for a property which he has developed and handed over to various apartments owners. ..... if such liability which is statutory in nature were to be transferred to an apartment owner, there ought to be specific contract between the coloniser and an apartment owner making possible a recovery which is in the nature of indemnity for a coloniser. .....