Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Town Improvement Act 1922 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Punjab Town Improvement Act, 1922: Sections 36, 38, 41 and 79(2)(a).Development Trust- 'Development-cum-Housing Accommodation Scheme'-Approval by State Government-Publication-Modification of scheme by Trust after hearing objection of parties-Held modified scheme is not required to be re-published.Notice-Development Scheme- Acquisition of land for-Notice on one of the co-owners when more than one have interest in the land is sufficient service of notice on other co-owners.By a resolution dated 24th March, 1976 the Ludhiana Improvement Trust framed a Development-cum-Housing Accommodation Scheme which was approved by the State Government. The Trust after hearing objections, passed a resolution modifying the scheme initially passed on March 24, 1976 and sent it for sanction of the State Government. The approved scheme was published on July 2, 1976 and the Government sanctioned it as required under section 41 of the Punjab Town Improvement Act, 1922. The appellants and some other challenged the scheme before Punjab & Haryana High Court but on concession made by State Counsel, A Division Bench of the High Court quashed the scheme qua the petitioners only and consequently held that the ratio of the decision does not bind the respondents. In the connected appeals also the facts are similar.In these appeals to this Court it was contended on behalf of the appellants that (1) the scheme was bad in law because (a) there was no re-publication of the modified scheme under section 41(3) of the Act; (b) Sections 36 and 38 speak of personal notice to the owner or occupier but no notices were served on the co-owners; and (2) since notification under section 36 of the 1922 Act is equivalent to section 4(1) of the Land Acquisition Act, 1894; and as the scheme was not published within three years, notification under section 38 shall be deemed to have lapsed by operation of section 6 of the 1894 Act. |
Judge | N/A |
Neutral Citation | 1995 INSC 156 |
Petitioner | Teja Singh And Ors. Etc. |
Respondent | State Of Punjab And Anr. |
SCR | [1995] 2 S.C.R. 433 |
Judgement Date | 1995-03-01 |
Case Number | 201-206 |
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