Court : Guwahati
Decided on : Jan-21-1953
..... and acted upon and that the circumstances were not such as would allow the committee to proceed summarily under section 172 and the notice under section 172 ..... platform in front of his house and it was sanctioned by a resolution dated 20-7-1931 and a platform was accordingly raised. but in december 1933, the deputy commissioner acting under section 232, punjab municipal act, suspended the resolution of 20-7-31 and on 22-12-1933 the committee served the appellant with a notice under section 172 of the ..... consideration as to the effectiveness of the order of the deputy commissioner under section 232, punjab municipal act (which seems to be almost similar with the wordings of section 291, assam municipal act) and it was held that the deputy commissioner or the commissioner could prohibit the doing of an act if it has not been already done or carried out, purporting to work under that ..... act to demolish the platform. the appellant instituted a suit for an injunction to restrain the committee from demolishing the platform. it was held by the high court that the suspension of the resolution by the deputy commissioner under section 232 of the punjab municipal act could not affect the validity of the sanction granted .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-06-1953
..... consent of the owner of the land.'besides, the public good is nothing more essentially interested, than in the' protection of every individual's private rights, as modelled by the municipal law.' in this and similar cases, the legislature alone can, and indeed frequently does, interpose, & compel the individual to acquiesce. but how does it interpose and compel? ..... , in support of his contention. that section also provides for compulsory acquisition as distinguished from requisition. 15. the learned advocate-general has contended, relying on,--'shyam krishan v. state of punjab', a. i. r. 1952 punj. 70 (a), that requisition is included in acquisition. entry no. 9 of the provincial list ii, therefore, justifies legislation for requisitioning. he ..... of the land requisitioned. the correctness of the legal contentions raised in the petition was questioned, and similarly the allegations about the mala fides of the authorities acting under the act were denied. it was affirmed that the requisition was for a public purpose and in the interest of landless and indigenous cultivators. it was further stated that ..... of legislative competence. as requisitioning is the basis and forms the foundation of the acquisition that may follow, if requisitioning could not be authorised, no acquisition under the act would be possible. the legislature, therefore, in providing for requisition as a preliminary step to acquisition has enacted an indivisible piece of legislation which would be incapable of .....Tag this Judgment!