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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 2004 Page 1 of about 363 results (0.096 seconds)

Sep 28 2004 (HC)

Kashmiri Lal and ors. Vs. Ndmc and anr.

Court : Delhi

Decided on : Sep-28-2004

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 .....

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Apr 28 2004 (SC)

Municipal Corporation, Ludhiana and anr. Vs. Balinder Bachan Singh (D) ...

Court : Supreme Court of India

Decided on : Apr-28-2004

Reported in : JT2004(5)SC226; 2004(5)SCALE202; (2004)5SCC182

..... to as the 'appellant'), notified a town planning scheme area no.6 part-iiia, known as sampuran colony, model gram, ludhiana, duly framed under section 192(2) of the punjab municipal act, 1911 (for short 'the act'). sampuran singh is the father of respondent nos. 1 (d) through lrs. and 2 and husband of smt. rajinder kaur. in the scheme, the land of smt. rajinder ..... owners in possession of the land measuring 3 kanals 16 marlas and sought for perpetual injunction restraining the appellant from taking forcible possession.16. under section 192 of the act the municipal corporation is entitled to draw up a building scheme for the built area and the town planning scheme for un-built area which may among other things provide for the ..... as roads and parks. she gave her own design for earmarking plots and shopping area. the local government department, punjab in exercise of its power under section 192 of the act accorded sanction to the town planning scheme approved and submitted by the municipal corporation. after the scheme was duly notified by the government, the public land along with other land was developed ..... . we have perused the oral testimony of the witnesses produced by the respective parties. we have also perused the scheme which was finally approved by the state of punjab under section 192 of the act as well as the other attending documents {ex. d-1 to d-38} pertaining to the submission of the scheme, objections filed by rajinder kaur and her .....

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Jul 09 2004 (HC)

Jor Bagh Association (Regd) and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jul-09-2004

Reported in : AIR2004Delhi389; 112(2004)DLT690; 2004(75)DRJ611

..... alleged unauthorised construction was made (over 50 years ago), no notice within six months thereof was issued to the lessee. that being so, by virtue of section 195 of the punjab municipal act, 1911, as it was then applicable, the alleged unauthorised construction could not be demolished thereafter. a division bench of this court in the case of delhi ..... of unauthorised construction and even if it were to be assumed to be unauthorised, then the same could only have been demolished by the new delhi municipal council (ndmc) under section 195 of the punjab municipal act of 1911. but such demolition could have been carried out only after giving a notice within six months from the date of completion of the building. no such ..... municipality v. surjit kau : air1973delhi198 held as under in paragraph 6 thereof:-''6.it is no doubt true that a liability under section 195 of the punjab act to demolish the building upon a notice being delivered to her but this liability would have been incurred ..... limit of time for the service of a notice of demolition because the corporation can enforce only such liabilities which have been incurred under the punjab act and to determine the extent and nature of the liability, the provisions of the punjab act will have to be looked into notwithstanding its repeal. the provisions contained in sections 336, 343 and 344 of the corporation .....

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Apr 08 2004 (SC)

Nanha Ram and ors. Vs. Chandigarh Administration and ors.

Court : Supreme Court of India

Decided on : Apr-08-2004

Reported in : JT2004(5)SC344; (2004)138PLR503; 2004(4)SCALE333; (2004)9SCC749; (2004)3UPLBEC2255

..... writ petitions were dismissed by a division bench relying upon two earlier decisions rendered in similar writ petitions.3. in exercise of powers conferred by sections 188 and 199 of punjab municipal act, 1911, the chandigarh administration has framed bye-laws known as chandigarh hand cart (control & regulation) bye-laws, 1976. bye-law no. 8 provides that no person shall use a handcart contrary ..... .p. mathur, j. 1. these petitions by special leave have been preferred against the judgment and order dated 22.4.2002 of a division bench of the high court of punjab and haryana.2. the petitioners are carrying on business of selling fruits and vegetables on their 'rehries' (hand carts) in the grain market in sector 26 in the city of .....

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Oct 06 2004 (HC)

Vinod Paper Mills Limited Vs. the Municipal Committee and ors.

Court : Punjab and Haryana

Decided on : Oct-06-2004

Reported in : (2005)139PLR575

..... of rs. 27,000/- per annum was levied as house tax. the committee issued a notice (annexure p1) under section 67 of the punjab municipal act, 1911 (for short 'the 1911 act') whereby assessment of the annual value of the petitioner's premises was proposed to be increased to rs. 3.96 lacs for the year 1982 ..... 1976, which are in pari materia with sections 31(1)(b) and 3(1)(c) of the 1911 act, in paras 21 and 27, it was laid down as under:-para 21:- 'before leaving this aspect ..... .r. (f.b.) page 1 wherein, while interpreting the provisions of sections 93(b) and 93(c) of the punjab municipal corporation act, ..... been under valued.6. i have heard learned counsel for the parties and have perused the records as well as the relevant provisions of the 1911 act.7. the municipal committee has sought to enhance the assessment for the year 1982-83 on the ground that the annual value was under valued as under section ..... be rs. 2.52 lacs. the municipal committee has done this without first following procedure under section 3(1)(b) of the 1911 act. the action of the respondents is contrary to the full bench decision of this court, reported in banarsi dass mahajan v. the state of punjab and anr., (1990-1)97 p.l .....

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Dec 17 2004 (HC)

Budh Ram Vs. Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Dec-17-2004

Reported in : (2005)140PLR63

..... p-l in that behalf was accordingly issued to the petitioner. the action for re-assessment of the petitioner's property was done under section 67(1) of the punjab municipal act, 1911 (for short 'the 1911 act'). the petitioner submitted reply to the notice annexure p-l, but his property was reassessed and the assessment for the purpose of house tax was made at rs ..... support of the same in person or by authorised agent, as he may think fit.(3) notwithstanding anything contained in this act, the committee may with a view to give effect to the annual value as modified by the punjab municipal (amendment) act 11, 1994, amend the assessment list of the year commencing on the first day of april of the relevant year for ..... the assessment does not arise.6. learned counsel further submitted that a perusal of annexure p-l shows that municipal committee, mansa has sought to take action under section 67(1) of the 1911 act. according to the learned counsel, under section 67 of the 1911 act, a change in the assessment list can be made only if the property was earlier erroneously valued or ..... power bad in law. the learned counsel then submitted that as per the facts of the present case, the municipal committee has failed to discharge its burden which was cast upon it before exercising the power vested in it under the 1911 act for the assessment of rental value of the property in question for the purposes of the house-tax.7. according .....

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Dec 07 2004 (HC)

Tara Chand Vs. Municipality and anr.

Court : Punjab and Haryana

Decided on : Dec-07-2004

Reported in : AIR2005P& H128; (2005)140PLR301

..... be advantageous to juxtapose and notice the definition of annual value under section 3(1) of the punjab municipal act, 1911 (for short, 'the 1911 act') and under section 2(1) of the municipal act.punjab municipal actharyana municipal act'3. in this act, unlessthere is something repugnant in the subject or context.--'2. in this act, unlessthere is anything repugnant in the subject or context. --(1) 'annual value'means--(1) 'annual ..... to add that it is not necessary to probe further into the correctness of this decision because there is no nonobstante clause in section 3(1) of the punjab municipal act or in delhi municipal corporation act. consequently, the decision in the case of ratnaprabha (supra) would hold good and valid with the result that the very basis of the plea of the ..... and observed as under :'on the strength of this definition our attention was drawn by the learned counsel for the respondents to the non obstante clause occurring in the haryana municipal act, 1973. the language of the provisions are by and large by consonance with the decision of the supreme court in the case of ratnaprabha (air 1977 sc 308) (supra ..... state of punjab, 1990 (1) pun lr 1.4. shri c. b. goel, learned counsel for the municipal committee and shri jaswant singh, learned senior deputy advocate general supported the order of the learned single judge and argued that the annual value of the appellant's property was rightly determined keeping in view section 2(1)(a) of the municipal act. shri goel .....

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Apr 28 2004 (HC)

Raghbir Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-28-2004

Reported in : (2004)137PLR495

..... nature of mandamus commanding respondent nos. 1 to 3 to initiate proceedings under sections 16, 172, 172-a, 189 and 195 of the punjab municipal act, 1911 (hereinafter referred to as 'the act'), against respondent no. 4 a former president of municipal committee, sunam, for having made alleged encroachment upon the government land and for constructing his house in violation of the site plan, got sanctioned ..... requisite compensation and may be regularised the same provided that such regularisation does not contravene the proposed building scheme, if any, drawn up under section 192 of the act;iv) if the municipality is of the view that the construction raised by respondent no. 4 cannot be regularised and the same is required to be demolished or altered wholly or partly, ..... bearding house as government school has been opened in the rural area; the aforementioned property was in possession of the pwd government of punjab and is still shown as a government property at serial no. 367 in the municipal records for the year 1986-87; that the building of the boarding house was in a dilapidated condition and its debris was removed ..... dared not take any action. the facts speak for themselves. the manner in which the complaint under sections 172, 195 and 221 of the act, was filed against respondent no. 4 through the building clerk of the municipality instead of executing officer himself and was subsequently withdrawn vide order dated april 22, 1998 (annexure p9) is a clear indication of the .....

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May 07 2004 (HC)

Suresh Kumar Bhaiya Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-07-2004

Reported in : (2004)138PLR44

..... the order dated 15.4.2004, annexure p9 to the writ petition, being in complete contradiction of the prescribed procedure and section 22 of the punjab municipal act, 1911.2. the principal grievance of the petitioner is that resolution of no confidence motion passed against the petitioner dated 31.3.2004 was under duress ..... deputy commissioner will not only proceed in accordance with law but also requires higher authority to issue circular to all the municipal councils in the state of punjab providing guide-lines and awareness in relation to the conduct of the democratic system at the gross root level.writ petition stands ..... of action proposed to be adopted on the next date of hearing.counsel for the caveator submits that reply is adopted on behalf of 12 municipal councillors, whose power of attorneys he has filed in court today.adjourned to 6.5.2004.'as for as the question of validity of ..... , coercive and result of undue influence exercised by private respondent-parmod kumar-caveator. the petitioner was supported by the affidavits of the four municipal councillors, namely, dharampal, swaran singh, hardip kaur and gurdev kaur, besides by the affidavit of the petitioner himself. according to them, they had ..... two-other deponents, namely smt. gurdev kaur and smt. kardeep kaur are not present in court. let the executive officer of the municipal council, rampura phool inform these deponents to be present in court and submit their reply to the show cause notice.we may notice that 14 .....

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Jan 28 2004 (HC)

Mohan Singh Vs. the Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Jan-28-2004

Reported in : (2004)137PLR587

..... (civil) sangrur, exercising the powers of the appellate authority under section 84 of the punjab municipal act, 1911 (for short, the act).2. the petitioner owns shop measuring 20 square yards and property bearing no. b-1/164 situated within the municipal limits of sangrur. according to him, the annual rental value of the property was ..... month from the date of service at which the amendment is to be made.'7. a reading of the provision reproduced above shows that the municipality can, amend the amendment list at any time by inserting the name of any person whose name had been omitted earlier or by inserting any ..... or the assessee or there is a change in the tenancy. to put it differently, the municipality can revise the assessment list in either of the contingencies specified, in section 67(1) of the act and not otherwise.8. a perusal of the impugned orders shows that neither the house tax sub ..... committee nor the appellate authority directed its attention to the requirement of section 67(1) of the act. the house tax sub committee did not even advert to the objections raised by the petitioner to the proposed revision of assessment. the appellate authority ..... the objections contained in annexure p2 and the appellate authority ignored the plea taken by him that the provision of section 67(1) of the act was not applicable to his case.4. the respondents have not filed written statement to controvert the averments contained in the writ petition.5. i .....

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