Court : Punjab and Haryana
Reported in : (1996)113PLR51
..... 'on the strength of this definition our attention was drawn by the learned counsel for the respondents to the non-obstente clause occurring in the haryana municipal act, 1973. ..... the annual value so fixed cannot be held to be illegal merely because principles for fixation of fair rent under the rent legislation have been ignored under the haryana municipal act, 1973. ..... there is no non-obstente clause as exists in the haryana municipal act, 1973.11. ..... with this background reference may be made with advantage to the haryana municipal act, 1973. ..... it has been enhanced in accordance with the provisions of haryana municipal act, 1973. ..... in paragraph 11 the findings arrived at by the high court were'on the otherhand, the legislature, which must be presumed to have had knowledge that the calcutta rent act of 1920 would expire within three years from the commencement of the municipal act of 1923, and also have been aware that the former act contained such a prohibition, if it intended to remove any such prohibition during those three years of even thereafter, would have expressly made a provision to that effect in the municipal act, 1923. ..... 'it is apparent and crystal clear from section 138(b) of the madhya pradesh municipal pradesh municipal corporation act that unlike the provisions of the relevant acts in delhi, calcutta or punjab municipal act, section 138(b) of the madhya pradesh municipal corporation act begins with a non-obstente clause. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW2006; 2009(4)LHSC2311; JT2009(2)SC455; 2009(2)SCALE559; (2009)4SCC1
..... the haryana legislative assembly made several amendments to the haryana municipal act, 1973 (for short 'the act, 1973') in the light of and to bring the law relating to municipalities in conformity with the purpose, substance and direction of the constitution (seventy-fourth amendment) act, 1992.14. ..... the haryana municipal act, 1973 faithfully adopted the constitutional mandate enshrined in part ixa; for carrying out the purposes of the constitution (seventy-fourth amendment) act, 1992. ..... sub-rule (4) of rule 70 of the haryana municipal elections rules, 1978 made under the act, which is relevant reads as under:rule 70 (4): the offices of the presidents in the municipalities shall be filled up from amongst the members belonging to the general category, scheduled castes, backward classes and women by rotation which will be determined in the manner as detailed below:provided that the number of offices of the president reserved for the scheduled castes and backward classes in the state shall bear as may be the same proportion to the total number of such offices of the municipalities as the population of the scheduled castes ..... be that as it may, neither article 243t of the constitution nor section 10 (5) of the haryana municipal act provide for any reservation to the office of the president in favour of any candidate who does not belong to scheduled caste or backward class. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2550; JT1994(4)SC376; (1995)109PLR338; 1994(3)SCALE296; (1994)5SCC709; [1994]Supp1SCR693
..... hence, while we hold that the provisions of section 192(1)(c) of the punjab municipal act, 1911 and of section 203(1)(c) of the haryana municipal act, 1973 being violative of article 14 of the constitution are void with effect from the date of this judgment and set aside the impugned decision of the high court, we for the reasons already stated, in the peculiar facts of these cases, dismiss the appeals and the writ petition.in the facts and circumstances, however, we direct that the respondent-municipal committee in c.a. no. ..... , whether the provisions of section 192(1)(c) of the punjab municipal act, 1911 and the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 for compulsory transfer of the land to the municipal committees without payment of compensation, are valid.2. ..... hence, the attack against the provisions of section 192(1)(c) of the punjab municipal act, 1911 and against the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 on the ground of their violation of article 19(1)(f) read with article 31 as they stood then, must fail. ..... as held above, the provisions of section 192(1)(c) of the punjab municipal act, 1911 and of section 203(1)(c) of the haryana municipal act, 1973 are violative of article 14 of the constitution. ..... the appellant has already filed the present appeal and has challenged the decision of the high court, which decision rests on the validity of section 203(1)(c) of the haryana municipal act of 1973.ca .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1993P& H165; (1993)103PLR662
..... the point sought to be canvassed being, that in terms of section 25 of the haryana municipal act, 1973 (hereinafter referred to as the aet) the requisition for such a meeting, has in the first instance, to be submitted to the president and in his absence to the vice president and it is only after the president or the vice president, fail to convene a meeting within ten days of such requisition that the deputy commissioner is empowered to convene the ..... counsel for the petitioner next sought to assail the validity of the proceedings of the meeting held oil january 4, 1993, by pressing in aid rule 6 of the haryana municipal business bye ..... a no confidence motion is passed against the president and the vice president simultaneously or otherwise, the sub divisional officer (civil) of the area in which municipality is situated or any other officer not below the rank of an extra assistant commissioner authorised by the deputy commissioner shall hence forth exercise the powers and discharge the functions of the president till the election or appointment of a president is notified ..... the state of haryana 1992 (2) plr 143 where it was held, 'when no specific law provides for making such a motion to the president or the vice president as rules have not so far been framed, the action of the deputy commissioner to entertain such amotion who was competent to convene the meeting for consideration of such motion, cannot be held to be without jurisdiction or against the provisions of the act' a view .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)154PLR60
..... months, to pass orders sanctioning or refusing to sanction such erection or re-erection, such erection or re-erection shall, unless the land on which it is proposed to erect or re-erect such buildings belongs to or vests in the committee, be deemed to be sanctioned, except in so far as it may contravene any bye law, or any building or town planning scheme sanctioned under section 203.from the perusal of the both these provisions under the haryana municipal act, 1973 it would be seen that application shall be deemed to have sanctioned if an order of refusal is not passed ..... to recapitulate, there is no deemed provision under the delhi municipal corporation act which existed in the haryana municipal act, 1973 and in these circumstances their lordship of the supreme court observed that failure of the standing committee to consider an application under section 313(3) for sanction to a lay out plan when the period prescribed by sub-section does not relate in a deemed grant of sanction. ..... the case of the plaintiffs is that as the application was not rejected within the statutory period of 60 days, the plan submitted by the plaintiff got automatically sanctioned in view of the provisions of section 205(2) of the haryana municipal act, 1973.9. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)120PLR1
..... at the very outset we consider it appropriate to refer to the order dated 18.2.1996 passed by a division bench of this court, which reads as under:-'the petition involves important question of law with respect to interpretation of section 21 of the haryana municipal act, 1973, in view of the fact that for the purpose of removal of a elected office bearer, a majority of 2/3rd strength of members including non-voting member has to be counted, while electing the office bearers, the majority is to be counted only amongst voting members. ..... the introduction of these provisions obviously resulted in amendment of some state laws including the provisions of the haryana municipal act, 1973, hereinafter referred to as the municipal act. ..... to determine the requisite majority required under section 21(3) of the haryana municipal act, 1973, the members who have a right to effectively participate in discussion of such motion and have a right to vote as aforestated would be the only members entitled to be counted for that purpose. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)124PLR388
..... the operative portion of the court's order dated 7.11.1996 reads as under:'keeping in view the statement of the learned advocate general and the admitted fact that no action-oriented notice or opportunity of hearing was given to the petitioner before the deputy commissioner, gurgaon exercising his power under section 246 of the haryana municipal act, 1973 to pass the order dated 10.10.1996, we have no hesitation to quash order dated 10.10.1996 as well as order dated 14.10.1996 issued by the executive officer, municipal council, gurgaon. ..... 2 did in the purported exercise of his power under section 246 of the haryana municipal act, 1973 (hereinafter referred to as 'the act'). ..... thus, after hearing the respondent m/s chhatwal potteries, i have come to the conclusion that maximum 15% compounding fee be imposed upon m/s chhatwal potteries for constructing more area in block 'b' than the sanctioned plan and internal charges as per section 208 of the haryana municipal act.' 4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)120PLR239
..... , is found to have no force, because the state government has not declared them as removed under section 14 of the haryana municipal act, 1973. ..... (respondents 9 and 10 respectively) stood disqualified under section 13-a of the haryana municipal act, 1973. ..... also argued that power of removal of the member on account of disqualification vested in the state government under section 14 of the haryana municipal act. ..... lal had already four children, the birth of the fifth child was said to be a factor for disqualification under section 13a(l)(c) of the haryana municipal act. ..... had not been declared disqualified under section 13-a of the haryana municipal act. ..... sub-rule (3) of rule 72-a of the haryana municipal election rules, 1978, reads as under ..... a notice of 15 days was not given as required in rule 72-a(3) of the haryana municipal election rules, 1978.4. ..... to a call of meeting was submitted by nine members of the municipal committee and even if two members, alleged to have become disqualified, are excluded, the requisition would still hold good inasmuch as it is signed by not less than one-third of the total members.6. ..... jhirka, to convene a special meeting of the municipal committee to consider the 'no confidence motion' against petitioner no. ..... requisition submitted by certain members of the municipal committee, the deputy commissioner, gurgaon authorised s.d.o. ..... (c) for convening a special meeting of the municipal committee, ferozepur jhirka, on 2.5.1997 for considering a 'no confidence motion' .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2008P& H178; (2008)151PLR611
..... advocate appearing for the appellants, before embarking upon the merits of the case, referred to sections 18, 26, 27 of the haryana municipal act, 1973 (for short 'the act') bye-laws 4 and 14 of haryana municipal business bye laws, 1981 (for short the 'bye-laws') and also rule 70 of the haryana municipal election rules, 1978 (for short 'the rules') as they are relevant for the adjudication of the present controversy. ..... after the aforesaid election notification dated 8.8.2005 was issued in exercise of the powers conferred under section 24 sub-sections (1) & (2) of the haryana municipal act, 1973 and kuldeep singh was notified as president of the municipal committee, pinjore.2. ..... it was further highlighted by the counsel for the appellants that on 17.4.2003, the state election commission, haryana had issued instructions regarding the elections to the office of president and vice president of municipalities by exercising the powers conferred under article 243za of the constitution of india and section 3a of the act as to how the nomination papers have to be filled up while holding the elections for the posts of president and vice president. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)4PLR280
..... it was averred that the plaintiffs were estopped from riling the suit; the suit was bad for non-compliance of notice under section 53 of the haryana municipal act, 1973 and it was also claimed that the civil court has no jurisdiction ..... it was also claimed that the suit land was acquired as evacuee property in the year 1947 and was allotted to the displaced persons in the year 1950 and hence the civil court has no jurisdiction to try the suit as envisaged under sections 36 and 46 of the displaced persons (compensation & rehabilitation) act, 1954 and administration of evacuee property act, 1950, respectively. ..... it was claimed that the suit land was acquired by the municipal committee, bahadurgarh as per gazette notification dated 9.2.1999 as mentioned in the mutation under challenge. ..... p-1999-d dated 9-2-1990 and the land of the plaintiffs was mutated in favour of municipal committee, bahadurgarh. ..... was claimed that if there was any such allotment it was wrong, illegal, null and void and no binding on the rights of municipal committee, bahadurgarh. ..... however, many mutations have been inserted in the jamabandi but the same had no effect on the suit land, in any manner, except the area measuring 0-12 biswas which was used for pukhta ..... to contend that under the punjab village common lands (regulation) act, law passed by state legislature being a measure of agrarian reform, conducive to welfare of community would have overriding effect over the administration of evacuee property act, 1950.8. .....
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