Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Definition of Punjab Development and Damaged Area Act scheme for “damaged areas’ Conclusiveness of scheme Improvement Scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Improvement Scheme — Statute permitting scheme for “damaged areas’-- Definition of—Conclusiveness of scheme —Whether prevents challenge on ground that scheme was not for damaged area — Punjab Development and Damaged Areas Act, 1951 (Punj. 10 of 1951), ss. 2 (d) and 5 (4). The Amritsar Improvement Trust framed a scheme under s. 3 of the Punjab Development and Damaged Areas Act,1951, which empowered it to frame a scheme for the development of a damaged area. It passed a resolution to acquire certain property of the appellant for widening a road under the scheme. The appellant contended that the scheme was without jurisdiction as the area was not a "damaged area” within s.2(d) of the Act which contemplated only two classes of areas, 1, e. (i) areas which may, by notification, under the Act be declared by the Government to be "damaged areas”, and (ii) areas already notified under the Punjab Damaged Areas Act, 1949. The respondents contended that a notification issued under the Punjab Damaged Areas Act, 1947, which declared the entire walled City of Amritsar as a "damaged area” should be ‘‘deemed to be a declaration” under the 1949 Act because of the operation of s. 22 of the Punjab General Clauses Act and was sufficient to sustain the scheme and that the scheme could not be challenged as it had-been notified by the State Government and under s. 5 (4) of the Act the publication was conclusive evidence that the scheme had been duly framed and sanctioned. Held, that the scheme was without jurisdiction and that the proceedings for ‘the acquisition of the appellent’s property were illegal. Admittedly the area had not been declared a «damaged area either under the 1951 Act or under the 1949 Act. The declaration under the 1947 Act was of no avail, firstly, because there was no basis for the argument that it would be ‘deemed to be a declaration” under the Act of 1949 and secondly even if it were so deemed the same was not with- in the definition of “‘damaged area’’ in the Act of 1951. The appellant was not precluded by s. 5 (4) from challenging the scheme and the acquisition ; since the coclusiveness postulated by s. 5(4) was only in respect of the formalities prescribed by ss. 3,4 and 5 and did not touch a case where there was complete lack of jurisdiction in the authorities to frame a scheme. |
Judge | Hon'ble Mr. Justice N. Rajagopala Ayyangar |
Neutral Citation | 1962 INSC 122 |
Petitioner | Trust Mai Lachmi Sialkoti Bradri |
Respondent | The Chairman, Amritsar Improvement Trust |
SCR | [1963] 1 S.C.R. 242 |
Judgement Date | 1962-04-04 |
Case Number | 331 |
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