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Raj Kumar and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

..... a notification dated 17.1.2013 was issued in exercise of powers under section 3(1) of the haryana municipal act, 1973 read with the haryana municipal amendment act, 1994, seeking to declare it as a municipality. ..... this is in the context of the requirement of having not less than 15000 population as per the provisions of section 2a, sub-section (i) of the haryana municipal act, 1973. ..... two factors weigh with us: (i) when preliminary notification was issued and objections invited, only three sets of objections were filed and no objection was filed by the petitioners.and (ii) despite the aforesaid, in pursuance to the directions of the division bench, the matter was examined again and it was found that the plea of there being population less than 15000 was not correct. ..... in the high court of punjab and haryana at chandigarh civil writ petition no.11539 of 2014 (o&m) date of decision: 30.05.2014 raj kumar and others ..petitioners versus state of haryana and others .....respondents coram:- hon'ble mr.justice sanjay kishan kaul,chief justice hon ble mr.justice arun palli present: mr.vikram singh, advocate for the petitioners .sanjay kishan kaul, chief justice (oral).the petitioners are residents of village nangal chaudhary, district mohindergarh. ..... the sum substance of the contentions raised before us by learned counsel for the petitioners is that the village is a small one having various problems like water supply, etc.the population of the village, according to petitioners.is about 8000. .....

Subhash Chander and Others Vs. State of Haryana and Another

Court : Punjab and Haryana

Reported in : AIR1992P& H20

..... 200 of the haryana municipal act, 1973 (hereinafter referred to as 'the act') framed the bye-laws providing interalia that no person living within the municipal limit shall use any premises as a cow-house without obtaining a licence. ..... 3619 of 1985 and 979 of 1986 challange the haryana municipal (cow-houses) bye-laws 1978 (hereinafter referred to as the bye-laws') as also the imposition of the fee. ..... or detonators except (1) with the permission of the committee or of a municipal office empowered to givesuch permission, (2) subject to such conditions as the committee may impose, and (3) on payment of such fees, if any, as may at any time have been fixed by the committee in that behalf; (l) to (t) xx xx xx xx xx xx xx (u) provide for the registration of all or any specified classes of dogs, and in particular and without prejudice to the generality of the foregoing - (i) provide for the imposition of an annual fee for such registration; (ii) to (v) xx xx xx xx xx xx xx (w) regulate the conditions on which and the periods for which permission ..... the following may be extrated :--'section 70: taxes that may be imposed - (1) subject to any general or special orders of the state government in this behalf and to the rules, a committee may, from time to time, for the purposes of this act, impose in the whole or any part of the municipality any of the following taxes, tools, and fees, namely:- (i)to (viii) xx xx xx xx xx xx xx xx (ix) a fee with regard to pilgrimages. .....

Jainti Parshad JaIn Vs. Municipal Committee Ferozepore City and Anothe ...

Court : Punjab and Haryana

Reported in : AIR1997P& H287; (1997)117PLR487

..... section 2 of the haryana municipal act, 1973, reads as under ..... 1911, and section 93 of the punjab municipal corporation act, 1976, there is any non obstante clause, thereby excluding ..... behalf, the rateable value of any land or building assessable to taxes specified in section 91 shall be - (a) in the case of land, ihe gross annual rent at which it may reasonably be expected to let; (b) in the caseof any building, the gross annual rent at which such building, together with its appurtenances and any furniture that may be let for use for enjoyment therewith, may reasonably be expeclcd to let, subject to the following :-- **********' in neither of the aforesaid two provisions, namely, section 3(1) of the punjab municipal act, ..... town rate payers' association, (1971) 2 scr 423: (air 1971 sc 353), were distinguished on the ground that those cases had decided that standard rent was required to be determined under the relevant rent control law because, under the relevant municipal act, there was no non obstante clause in the provisions in respect of the annual rental value. .....

Shri Radhey Krishan Jalan Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR2005P& H249; (2005)140PLR518

..... it was only then that the petitioner made an application under section 201 of the haryana municipal act, 1973 (hereinafter referred to as 'the act') for permission to make construction on the land. ..... learned counsel for the petitioner submits that the order (annexure p-13) is without jurisdiction in as much as there is no power vested in the municipal committee to revoke any sanction granted to a person under section 201 of the act. ..... under section 208 of the act it is provided that should a building be begun, erected or re-erected in contravention of the aforesaid provisions, the committee may by notice delivered to the owner within six months from the completion of the building, require the building to be altered or demolished ..... 2 having compounded the lapse on the part of the petitioner under sections 208 and 209 of the act and having received the fine, had no right thereafter to revoke the order sanctioning the plan.4. ..... he submitted a plan for construction of shops on the land owned by him to the municipal committee, bhiwani-respondent no. 2. ..... the municipal committee has the power under section 205 to refuse sanction of the erection or re-erection of any building in contravention of any bye-law under sub-section (1) of section 202 or in contravention of any scheme mentioned under sub-section (3) or sub-section (4) of section 203 ..... the objections seems to have been accepted as no further action was taken by the state of haryana, on the basis of the notification which was permitted to .....

Digamber JaIn Society Vs. State of Haryana Etc.

Court : Punjab and Haryana

Reported in : (2006)143PLR421

..... out that the earlier notification was under the haryana municipal act, 1973, whereas the later notification is under the haryana municipal corporation act, 1994.4. ..... according to the petitioners, they are not liable to pay house tax in terms of notification issued by the haryana government, urban development department, dated 30.9.2003 (annexure p-12), which exempts immovable property of approved colleges, schools, boarding, ..... (emphasis supplied)a conjoint reading of the aforesaid two paras shows that as far as the colleges, schools, boardings, hostels and libraries are concerned, the buildings of the same have been exempted from house tax, if such buildings or portion thereof are either owned by the educational institution or have been placed at the disposal of such educational institution without ..... where fees at rates prescribed by government or equivalent to government schools are charged, including colleges, schools, boardings, hostels and libraries, if such buildings and land or portion thereof are either owned by the educational institutions concerned or have been placed at the disposal of such educational institution without payment of any rent. ..... or portions thereof used exclusively for educational purposes including colleges, schools, board houses, hostels and libraries, if such buildings and lands or portion thereof are either owned by the educational institutions concerned or have been placed at the disposal of such educational institutions without payment of any rent. .....

Satpal and ors. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1992)102PLR389

..... :provided further that the government may, in any particular case ..... : provided that neither the whole nor any part of--(a) a notified area under section 258 of the haryana municipal act, 1973 ; or(b) a cantonment ; or(c) a municipality of any class;shall be included in a sabha area unless the majority of voters in any notified area or municipality of the third class desire the establishment of gram panchayat in which case the assets and liabilities, if any, of the notified area committee or the municipal committee as the case may be, shall vest in the gram panchayat of that gram panchayat thereafter established and the notified area committee or the municipal committee shall cease to exist .....

Kirti Parshad Jain, President, Municipal Committee and ors. Vs. the St ...

Court : Punjab and Haryana

Reported in : (1991)99PLR693

..... the controversy hinges upon the provision contained in section 13 of the haryana municipal act, 1973. ..... besides raising various preliminary objections including a challenge to locus standi of the writ petitioners, it has been averred that in view of the provisions of section 13 of the haryana municipal act, a member cannot be deemed to have vacated a seat if the notification regarding the acceptance of his resignation is not published in the official gazette within a period of 60 days it has also been suggested that the resignation can be accepted finally by the government and not by the deputy commissioner. ..... subsequently, on 22-11-1990 they submitted another letter informing the deputy commissioner that they were not pressing their resignation on 28.11.1990 the deputy commissioner informed the director, local bodies, haryana regarding the request of the four persons for the withdrawal of their resignation it appears that by this letter which is at annexure p-3 deputy commissioner sought clarification from the director, local bodies. ..... the petitioners who were municipal commissioners of municipal committee, ambala city, have impugned herein the order of 3.1.1991 passed by the deputy commissioner, ambala (annexure p-4) by this order, the resignation submitted by the four municipal commissioners (respondents no. 3 to 6) on 2.10. .....

Smt. Bhagwani Devi Vs. Notified Area Committee

Court : Punjab and Haryana

Reported in : (1997)115PLR725

..... the municipal committee issued notice exhibit d2 under section 181(2) of the haryana municipal act, 1973 (for short, the act) asking the plaintiff to remove the chabutara, on the allegation that the chabutara was an encroachment on the municipal land and that it was built without approval of the municipal committee. ..... the suit was contested by the municipal committee, inter alia, on the grounds that plaintiff had built the chabutara without approval by encroaching upon some portion of the municipal land and that land under the chabutara vested in the municipal committee. ..... it is specific case of the plaintiff-appellant that she is owner of the house and the chabutara and that chabutra was constructed by her after getting the site plan exhibit p2 approved from the municipal committee, mahendergarh vide its resolution no. 13. ..... it was made clear that the judgment shall not affect that rights of the defendant municipal committee for getting the encroachment removed if and when needed in any indiscriminate and general move of removal of encroachment from the municipal road in question.2. ..... it was further pleaded that several other chabutaras which were made without approval and by way of encroachment on the public street were got removed by the municipal committee and there was no kacha chabutara earlier. .....

Arjun Dev and ors. Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (1998)119PLR634

..... the deputy commissioner kaithal, apparently in compliance of the direction of this court in the aforesaid writ petition was again seized of the matter and he on a consideration thereof, in exercise of his powers conferred under section 246 of the haryana municipal act, 1973 again passed an order suspending the resolution of the municipal committee, dated 5.12.1992, annexure p3, on 20.9.1996 (annexure p6). ..... , as in his opinion the order dated 17.9.1991 was defective inasmuch ..... aggrieved by the order of rejection, the petitioners filed appeal before the deputy commissioner, kaithal who after hearing learned counsel for the parties, by his order dated 20.1.1992, annexure p2, set aside the order dated 17.9.1991 and remanded the matter back to the municipal committee, kaithal with a direction that a fresh decision regarding the ownership of the disputed land and sanctioning or non-sanctioning of the site plan be taken after going through the revenue records after 1960-61 and the house tax record of the municipal committee .....

Sarvshri Prabhudayal Himmatsingka and ors. Vs. the State of Haryana an ...

Court : Punjab and Haryana

Reported in : (1998)118PLR375

..... section 70 of the haryana municipal act, 1973 authorises a municipal committee to impose a fee with regard to drainage, but the committee has not exercised this power under section 70 of the act. ..... learned advocate general, haryana, states that after filing of the writ petition in view of the facts mentioned in the writ petition, the state government has taken a decision to omit bye-laws 81 and 82 in the haryana municipal drainage and sanitation bye-laws, 1977, under which service charges have been imposed in regard to sanitary installations of drainage and also monthly charges for the sanitary installations in the existing or new buildings.2. ..... the challenge made in this writ petition is to the validity of bye-laws 81, 82 and 83 of the haryana municipal drainage and sanitation bye-laws, 1977. ..... learned advocate general, haryana, concedes that clause (n) of section 200 of the act does .not empower the state government to charge any fee for the drainage connection or installation of sanitary works. ..... therefore, it cannot be said that bye-laws 81 and 82 have been framed in exercise of the powers conferred by section 70 of the act on a municipal committee. ..... to fix the fee or charge any amount for providing the drainage service or sewerage service to the occupant of a building in any municipal area. .....