Court : Delhi
Reported in : 1999IAD(Delhi)170; 75(1998)DLT836
..... by the learned counsel for the ndmc, has to be made. the ndmc purported to issue the notice, which is impugned, under section 195-b of the punjab municipal act, 1911. section 195-b of the punjab municipal act 1911 reads as under: '195-b. (1) it shall be lawful for the committee, at any time, before or after delivering the notice to the owner or ..... reading of the section would show that action could be taken under this section after following the provisions of section 195. section 195 of the punjab municipal act, 1911, as amended by the punjab municipal (new delhi amendment) act, 1984 (no. 39 of 1984) by the parliament, reads as under: 195. penalty for disobedience - (1) should a building be beg, unerected or re-erected - (a) ..... -law no. 6.9, which provides for revocation of building permit, thereforee, must be read into the building bye-laws, 1983 confined to the delhi municipal corporation act, 1957 and not applicable to the punjab municipal act, 1911.'24. the petitioner has given the details about the expenditure incurred. it is stated in paragraph 43 of the writ petition: 'it is the respectful submission ..... project. you are hereby informed that any further construction on the site shall be construed as unauthorised and necessary action shall be taken according to the building bye-laws and punjab municipal act, 1911. you are there fore, required to stop the construction immediately. this correspondence is without prejudice to any rights of ndmc against you.' 19. on the 22nd of june, .....Tag this Judgment!
Court : Delhi
Reported in : 1997IIAD(Delhi)88; 65(1996)DLT257; 1997(40)DRJ738
..... published in gazette of india (extraordinary) pt.ii, sec. 3, sub-sec (ii) dated 10th november, 1995. this is the date of establishment of council and on this date the punjab municipal act, 1911 ceases to have effect in new delhi. (26) the submission of the learned counsel for the petitioner that the council should be deemed to have been established on 14.7 ..... the court to which appeal lay at the commencement of the suit stands abolished.'(10) three things are to be pertinently noted : '(i)that inspire of the ndmc act, 1994 having repealed the punjab municipal act, 1911, there is no specific provision transferring the pending appeals to the district judges or providing for pending appeals to be dealt with according to the provisions of new ..... if any, in dispute in the appeal has been deposited by the appellant in the office of the council.' '416.repeal and savings. punjab act 3 of 1911. (1)as from the date of the establishment of the council, the punjab municipal act, 1911, as applicable to new delhi, shall cease to have effect within new delhi. (2)notwithstanding the provisions of sub-section (1) of ..... may be under section 115(1) though the assessment was initiated and made under chapter v of the punjab municipal act, 1911. such appeal must comply with section 116 of the ndmc act, 1994. (2) the appeals pending since before 10th november, 1995 and filed under the punjab municipal act, 1911 shall continue to be heard by the adm. compliance with section 116 ndmc, 1994 cannot be insisted .....Tag this Judgment!
Court : Delhi
Reported in : AIR2005Delhi236
..... veranda in front, abutting the public street.15. on 12.2.1976, ndmc issued a public notice under section 171(4) of the punjab municipal act, 1911. the public notice reads as under:-'public notice(notice under section 171(4) punjab municipal act.1911)whereas the chief commissioner, delhi under notification no.f.3(5)/56-lsg dated 30.6.58 extended section 171 of the p.m ..... the public. it is contended that there is no evidence on the record to prove animus dedicandi.'27. upholding a notification under sub-section 4 of section 171 of the punjab municipal act, 1911 declaring verandas in connaught circus as a public street, vested in the committee, their lordships in para 10 of the judgment held as under:-'we see no ground to differ ..... . cleaning, paving, levelling metalling etc. by declaring the said verandahs as public street.as regards objection at (4) above, the meeting has been validly held under the provision of the punjab municipal act, 1911.the contention of the objections at (6) above is also incorrect. the road is generally flooded with the vehicles and the customers using the shops are put to a considerable ..... has proposed to declare the street in front of shops in bhagat singh market, as public street.the committee is fully authorised under the provisions of section 171 of the punjab municipal act, 1911 to declare a place which was originally meant to be used as an open space and as a thoroughfare within its jurisdiction and already maintainable by it as public street .....Tag this Judgment!
Court : Delhi
Reported in : 5(1969)DLT283
..... by a tenant or a landlord to the controller that the fair rent is determined by the latter. once such a fair rent is determined, the assessing authority under the punjab municipal act, 1911 is bound to take such a fair rent as the basis of the reasonable letting value. for, the fixation of fair rent is binding on the landlord and the tenant ..... reasonable letting value of such a building. (10) we would like to emphasise the fact that the definition of the reasonable letting value in the punjab municipal act, 1911 and of fair rent in the east punjab urban rent restriction act, 1949 are funda- mentally different. the reasonable letting value is to be determined for the particular year in which the assessment of the tax is ..... the twelve months prior to the 1st january, 1939 and the rental value of such buil- ding entered into the assessment register of the municipal committee relating to the calendar year 1938. the punjab municipal act, 1911 is aimed to enable the municipal committee to assees the building tax on the reasonable letting value of the building for each year of assessment. it would, thereforee, take ..... considered in the past on mumerous occasions. the key words of the definition of 'annual value' in section 127(a) of the calcutta municipal act, 1923 were precisely the same as those in section 3(1)(b) of the punjab municipal act, 1911. they were construed by the supreme court in the corporation of calcutta v. smt. padma debi in paras 5 and 6 as follows .....Tag this Judgment!
Court : Delhi
Reported in : AIR1975Delhi236
..... be the basis for the fixation of the annual value of the house or building in question turn the purpose of levy of house-tax under the punjab municipal act, 1911. as regards the second, third and fourth questions, the answer is that they do not arise in the present case as we have held that the ..... to be made to the relevant statutory provisions regarding the assessment of annual value for the purposes of levy of house-tax. section 3(l)(b) of the punjab municipal act, 1911, defines 'annual value' as meaning- 'in the case of any house or building, the gross annual rent at which such house or building, together with its ..... . (9) the assessments for the years 1963-64, 1964-65 and 1965-66 are the subject matter of the present writ petition. acting under section 3(l)(b) of the punjab municipal act, 1911, the committee assessed the annual value at rs. 24,000.00 for the years 1963-64 for the purposes of house-tax by a ..... rent at which the premises are reasonably expected to be let within the meaning of section 3(1) of the punjab municipal act, 1911, in the same way as standard rent fixed under the delhi rent control act, 1958? 2. whether the actual rent paid by a willing lessee to a willing lesser is a consideration which ..... the annual value has to be fixed in accordance with the said standard rent for the purposes of levy of house-tax under the punjab municipal act, 1911,' as held in the various decisions. that being so, 'the omission on the part of the petitioner to rely upon the order of .....Tag this Judgment!
Court : Delhi
Reported in : ILR1980Delhi263
..... not arise. conclusions :(33) for the above reasons, we sum up our conclusions as follows : (1) the power of the government to supersede the municipal committee under section 238(1) of the punjab municipal act, 1911 can be exercised if (a) facts exist which can be objectively proved to be true or correct; and (b) from which the government can infer ..... studied by the administrative reforms department. 'now, thereforee, in exercise of the powers conferred by sub-section (1) of section 238 of the punjab municipal act. 1911, as in force within the local limits of the new delhi municipal committee, read with government of india, ministry of home affairs notification no. s.o. 2709, dated 7th september, 1966, the lt. governor, ..... v.s. deshpande, c.j.(1) on 27th february, 1980 the state government acting under section 238(1) of the punjab municipal act. 1911, as applied to delhi, passed the following order superseding the new delhi municipal committee : 'no.f. 4(68)/77-lsg: whereas the new delhi municipal committee was constituted vide this administration's notification of even number dated the 29th september ..... given before. action is taken under section 53a was rejected.(5) a somewhat similar contrast between the two kinds of statutory provisions exists in the punjab municipal act, the bengal municipal act and the maharashtra municipalities act. in each of them opportunity has to be given before disciplinary action is taken against an individual member of the committee (vide sections 16 and .....Tag this Judgment!
Court : Delhi
Reported in : 1974RLR267
..... long there is a permission to build a building contained in the lease-deed, such a building after its construction is not within the province of the municipal committee acting under the punjab municipal act, 1911. in this connection, it is sufficient to note that any residential building is capable of being used as a hotel, because there may be small hotels or there may be ..... sets. there does not seem to be any requirement in there bye-laws to submit a no objection certificate from any authority. however, it is quite clear that the punjab municipal act, 1911, enables the municipal committee to reject applications in certain cases. the validity of the impugned resolution no. 5/17, dated 13th december, 1971, is sought to be uphed by reference to section ..... application. none of the bye-laws authorise a return of an application as being incomplete if a no objection letter does not accompany it. none of the sections of the punjab municipal act, 1911, warrant such a return of the application. all that section 193(2) says is that the committee may refuse to sanction the plan if consent has not been obtained from ..... 19j (2) of the punjab municipal act, 1911. (4) now, this provision would seem to indicate that the committee may refuse to sanction the erection of a building for reasons which it deems just and sufficient or ; if .....Tag this Judgment!
Court : Delhi
Reported in : AIR1976Delhi1
..... the leave to the principal question, that is, whether the properties of the states situated in the union territory of delhi would be exempt from house-tax livable under the punjab municipal act, 1911 by virtue of exemption granted to such properties try article 289(1) of the constitution of india from union taxation.16. in the circumstances, there would be no costs.s ..... enumerated in the state list including laws imposing tax on property, the supreme court was not directly concerned with the question if having regard to the legislative history of the punjab municipal act, 1911, it could be said to partake the character of a central enactment or be deemed to have been made by parliament by virtue of power conferred on it by clause ..... and that the property of the various states in the union territory would, thereforee, not be exempt from this tax.6. on an examination of the legislative history of the punjab municipal act, 1911, its extension to the union territory of delhi by virtue of central enactments from time to time, the scheme of the constitution of india with regard to the distribution of ..... these petitions raised for our consideration was whether the immovable properties belonging to the states situated in new delhi were immune from house-tax livable under the provisions of the punjab municipal act, 1911, as applicable to delhi, by virtue of the exemption granted to the property of a state from 'union taxation' by article 289(1) of the constitution of india. the subsidiary .....Tag this Judgment!
Court : Delhi
Reported in : ILR1970Delhi244
..... possession of the shops. further, the contract with the petitioners was itself inchoate. it had to be concluded by the execution of the license deeds section 47(1) of the punjab municipal act, 1911 also requires that the contract with the respondent had to be made in writing and must be signed by two members of whom the president or vice-president is one ..... so on what terms (2) alternatively, whether the petitioners are entitled to grant of leases on such conditions as the state government may specify under section 176-a of the punjab municipal act, 1911. (1) the petitioners were licensees in the old stalls on irwin road occupied by them. similarly the accommodation in the mohan singh place offered to the petitioners was also only ..... do nto state in the writ petition, which particular terms of the license deed were nto acceptable to them. the petitioners further aver that under section 176-a of the punjab municipal act, 1911, the respondent was bound to create leases in the favor, but the petitions did nto state whether the said provision of law was applicable to delhi and if so, whether ..... contract between them and the respondent. they have, thereforee, no contractual right to the possession of the shops in the mohan singh place. (2) the punjab municipal act, 1911 was applied to delhi long before 1950. subsequent acts of the punjab legislature amending the said act do nto become applicable to delhi unless they are specifically made so applicable. section 176-a was inserted in the said .....Tag this Judgment!
Court : Delhi
Reported in : 1996IIIAD(Delhi)860; 63(1996)DLT676; (1996)114PLR53
..... punjab municipal act, 1911. section 49 of the punjab municipal act, 1911 reads as under: 'section49.-suits against committee and its officers - no suit shall be instituted against a committee, or against any officer or servant of a committee, in ..... the suit is barred in view of the provisions contained under section 49 of the punjab municipal act, 1911?' (4) the suit is filed on the basis of the order passed by this court on 13.2.1980 setting aside the award with the following observations : 'the award in ..... declaration to this effect may kindly be passed.'(2) the case had a chequered career. the defendant filed the written statement taking plea that notice under section 49 of the punjab municipal act, 1911 was not issued by the plaintiff and, thereforee, the suit is not competent. (3) on 3.11.1981, issues were framed by this court and the first issue is 'whether ..... remanding the case back to the arbitrator to decide the dispute on merits'.(5) this court did not permit the plaintiff to file the suit without issuing notice under the punjab municipal act, 1911, and it is not stated in the plaint that any notice was issued to the defendant. (6) the matter squarely comes within the mischief of section 49 of the .....Tag this Judgment!