Skip to content


Judgment Search Results Home > Cases Phrase: the punjab scheduled roads and controlled areas restriction of unregulated development act 1963 Page 1 of about 138 results (0.046 seconds)

Jul 24 1996 (HC)

Ram Rattan Aggarwal and Co. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)114PLR769

..... wish to once again emphasise that all those constructions which have come into existence around the national highways and which contravene the provisions of the national highways act as well as the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 (an act which has been adopted by the state of haryana) must be removed by the concerned authorities who must also see that in future no such constructions ..... petition to quash the show cause notice annexure p.5 and orders annexures p.7 and p.8 issued by the respondents under the provisions of the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 (hereinafter referred to as 'the act').2. in the purported compliance of the order dated 28.4.1995 passed by a division bench of this court in m/s gurdial shyam lal ..... initiated by the respondents. the legislature of the state of punjab enacted '1963 act' in order to prevent haphazard and sub-standard development along scheduled roads and in controlled areas in the state. section 2 of 'the act' contains definition of various terms and phrases. section 2(9) defines 'road reservation's. sections 2(10), 2(12) and 3 of 'the act' which are relevant for the purpose of this decision .....

Tag this Judgment!

Apr 12 2001 (HC)

Commissioner of Income-tax Delhi-iv Vs. Shri Krishan Kumar Kapoor

Court : Delhi

Reported in : 2001VAD(Delhi)436; 92(2001)DLT355; 2001(60)DRJ258

..... the revenue records as agricultural land.(iii) there was a statutory ban on change of character of the land in view of the provision contained in the punjab scheduled roads and controlled areas (restriction of unregulated development) act, 1963;(iv) there was no evidence to show that the character of the land changed with the passage of time.in view of the aforesaid conclusions, which are ..... plank of learned counsel for revenue's argument was that the mere fact that rent was paid as agricultural land or that there was prohibition under the punjab scheduled roads and controlled areas(restriction of unregulated development) act, 1963 regarding change of character of the land did not make the land in question agricultural land. according to him the fact that there was no agricultural operation ..... -50, only earth was excavated and never a brick kiln was set up on the land. it can also not be denied that the provisions of the punjab scheduled roads and controlled areas (restriction of unregulated development) act, 1936 prohibited any change of the character of the land. thereforee, even if the earth had been excavated the character of the land remained the same i ..... not perform any agricultural operation till the land was released but that could not make much of difference. the before, keeping in view the statutory provisions of the punjab act as mentioned above, we are of the view that the land continued to be agricultural till the dated of sale and the judgment of their lordships of the .....

Tag this Judgment!

Dec 10 2004 (SC)

Anand Buttons Ltd. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : AIR2005SC565; 2005(2)ALD106(SC); 2005(5)ALLMR(SC)216; 2005(1)AWC146(SC); 2005(1)CTC450; [2005(2)JCR276(SC)]; JT2004(10)SC397; 2004(10)SCALE354; (2005)9SCC164; (2005)1UPLBEC

..... those of the present appellants on the other. although, m/s k.c. fibres was alleged to have carried out a construction in violation of the provisions of the punjab scheduled roads and controlled areas (restriction of unregulated development) act, 1963 and the rules framed thereunder, the said illegality appears to have been compounded and the construction had been regularized.10. the affidavits filed by the director of industries and ..... .c. fibres and m/s amar elastomers, exemption had been granted from acquisition, although, they were guilty of raising construction on their lands in violation of the provisions of punjab scheduled roads and controlled areas (restriction of unregulated development) act 1963. it was urged that the appellants, who had strictly followed the law and applied for requisite permission and were granted permission, were being discriminated against. a subsidiary contention urged ..... set out in the functional plan over an area of 30,242 sq. kms., of which 13,413 sq. kms. tell within the haryana sub-region, 41 industrial estates of haryana were targeted for rapid industrial development. kundli industrial estate was developed in phases by acquiring land in accordance with the provisions of the act. for development of phase-iv, which is located along national .....

Tag this Judgment!

Aug 25 2006 (SC)

Royal Parasdise Hotel (P) Ltd. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : 2007(1)CTC444; JT2006(8)SC205; (2007)1MLJ816(SC); 2006(8)SCALE537

..... governing municipalities. learned counsel for the respondent submitted that such a construction was impermissible, that the building was constructed in the teeth of notices issued under the punjab scheduled road and controlled areas (restriction of unregulated development) act, 1963 (for short 'the act') and it was clearly illegal. it was clear defiance of law. the appellant was only an assignee of such illegal construction and therefore this is a ..... made in the teeth of the notices and the directions to stop the unauthorized construction. thus, the predecessor of the appellant put up the offending construction in a controlled area in defiance of the provisions of law preventing such a construction and in spite of notices and orders to stop the construction activity. the constructions put up are thus ..... order impugned therein was legal, proper and just and the claim for regularization made by the petitioner could not be granted over-riding the stipulated land use of the area in question. when the petition for special leave to appeal came up, though at the initial stage, it was stated on behalf of the petitioner that the issue ..... of the appellant. 8. as regards the alleged inclusion of this area in karnal municipality, we find that such a contention was never put forward. even if subsequently a municipality act has been extended, the illegality and violation of the act cannot be condoned by the authorities under that act or by any court administering law and justice and no authority, .....

Tag this Judgment!

May 26 2006 (HC)

Trishul Industries Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (2006)144PLR222

..... , town and country planning (hereinafter referred to as 'the director') for grant of permission regarding change of land user. the permission is necessary under the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 (hereinafter referred to as 'the 1963 act') and the punjab scheduled roads and controlled areas restriction of unregulated development rules, 1965 (hereinafter referred to as 'the 1965 rules'). by letter dated 8.3.1995 (annexure p-1), the petitioners-firm was requested to ..... was no provision for levying of conversion charges. however, w.e.f. 13.12.1996, section 7 of the 1963 act has been amended by the punjab scheduled roads and controlled areas restriction of unregulated developments (haryana second amendment) act, 1996 (hereinafter referred to as 'the amended act'). section 7 of the amended act provides for the levy of conversion charges as prescribed by the government from time to time. even then, no ..... under the provisions of the restriction of unregulated development act, 1963, it is open to individuals to create access to scheduled roads or to effect erection or re-erect buildings within the 'controlled areas', or to change land use within a 'controlled area' till the finalisation of development plans envisaged under section 5 of the restriction of unregulated development act, 1963. section 3 to 7 of the restriction of unregulated development act, 1963, in our view, impose restrictions in respect of erection or .....

Tag this Judgment!

Oct 11 1995 (HC)

Rajender Prashad and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

Reported in : AIR1996P& H102; (1996)112PLR56

..... and penalties. section 22 speaks of exemptions. in exercise of the powers vested in it under section 25, the government has framed the punjab scheduled roads and controlled areas restriction unregulated development rules, 1965. these rules contain detailed provisions for carrying out the purpose of the act. part vii contains rules 38 to 125 regarding construction of buildings etc.8. from what we have noted above, it is clear ..... ) of the act of the 1963 show that the petitioners have been charged with the allegation of having raised construction in violation of the ..... society). these plots are situated near the hisar-sirsa road, national highway no. [0 in village agroha and they have raised construction over these plots. they are now being threatened with the demolition of the construction on the ground of violation of section 3 of the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 (for short, 'act of 1963').3. notices served upon the petitioners under section 12(2 .....

Tag this Judgment!

Dec 02 2004 (SC)

Rajinder Singh Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : AIR2005SC504; JT2004(10)SC275; (2005)139PLR324; 2004(10)SCALE162; (2005)1SCC9; (2005)1UPLBEC713

..... town planner, sonepat, exercising the powers of the director, town and country planning, haryana, issued a notice to the appellant under section 12(2) of the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 (hereinafter referred to as the 'development act') calling upon the appellant to stop further construction and to appear in his office and to show cause why he should not be ordered to restore the ..... of 2004in almost all these cases the appellants purchased the lands wherein they put up constructions, found to be unauthorized in terms of the punjab scheduled roads and controlled areas restriction on unregulated development act, 1963, after the declaration under section 4(1) of the act was notified in the gazette and it was also published in two newspapers other than in english language as contemplated by section 4(2) of ..... if there was a violation of section 3 of the act, action could be taken, whether the area was a controlled area or not. the questions raised are dealt with hereunder.6. the development act, 1963 came into force on 30.11.1963. it was an act to prevent haphazard, sub-standard development along scheduled roads and in controlled areas in the state of punjab. subsequently, by the haryana adaptation of laws order 1968, the .....

Tag this Judgment!

Apr 28 1995 (HC)

Gurdial Shyam Lal Pvt. Ltd. Vs. the State of Haryana

Court : Punjab and Haryana

Reported in : (1995)111PLR1

..... according to the petitioner this building has been raised strictly in accordance with the para meters laid down in the punjab scheduled road and controlled areas restriction of unregulated development act, 1963 (for short' the act of 1963'). further case of the petitioner is that in march, 1994, it received notice annexure p-2 dated 18.3.1994 issued by the district town planner (enforcement), faridabad, for demolition ..... shall be entitled to take extracts therefrom.' 10. in order to give effect to the provisions of the act, the state legislature has framed the punjab scheduled roads and controlled areas restriction of unregulated development rules, 1965. part i of these rules contains definitions etc. part ii contains provisions relating to control along scheduled roads and by-passes etc. rule 4 contains details of the applications for permission under section 3. rule ..... is no dispute between the parties that delhi-mathura road has been notified as a scheduled road and the provisions of 1963 act and the rules framed thereunder are applicable to the case of the petitioner. the 1963 act has been enacted by the legislature to prevent haphazard and sub-standard development along the schedule roads and in controlled areas in the state of punjab (for the purposes of this case it should .....

Tag this Judgment!

Feb 05 2004 (HC)

National Air Products Ltd. (Napl), Merged with the Motor and General F ...

Court : Punjab and Haryana

Reported in : (2004)137PLR7

..... rule 26-d (clause ii) of the punjab scheduled roads and controlled area restrictions of unregulated development rules, 1965. the petitioner contested the demand raised by submitting a communication dated 15.12.1976 that they were not covered under the punjab scheduled roads and controlled area restriction of unregulated development act, 1963 (for brevity 'the 1963 act') and, therefore, they were not liable to pay any development charges to the respondents. on 14.1.1977 ..... the said land into buildings for residential, industrial, commercial or other purposes shall make an application in writing to the director in form clu-1, accompanied by-(1) a survey plan of the land on scale of 1, to forty feet showing the existing means of access to the land for the nearest public road ..... act. rules 26a and 26f of the rules which are relevant for deciding the controversy in issue reads as under:'26a. application for permission under section 7 in case of a person other than colonizer. every person other than coloniser intending to change the existing use of the land in a controlled area for the purpose of developing ..... has bound itself by the affidavit dated 19.12.1963 (annexure p2) that the development charges levied by the town and country planning department developing the area near the plot of the petitioner were to be paid by it. in the affidavit it was further undertaken that usual building restrictions like set back line, floor space, height etc. .....

Tag this Judgment!

Nov 05 1999 (HC)

State of Haryana and ors. Vs. Adarsh Filling Station

Court : Punjab and Haryana

Reported in : (2000)124PLR763

..... the respondent no. 2 are contrary to the provisions contained in rule 26-a of the punjab scheduled roads and controlled areas (restriction of unregulated development) rules, 1965 (hereinafter referred to as the rules) read with section 7 of the punjab scheduled roads and controlled area (restriction of unregulated development) act, 1963 (hereinafter referred to as the act). they have also challenged the maintainability of the appeal filed by the respondent no. 1 ..... the proposed fuel filling station has not been submitted with the documents.(iii) that no construction within statutory restricted belt of 30 mtr. along delhi-narnaul scheduled roads is permitted as per provision of section 3 of the punjab scheduled roads and controlled areas, restriction of unregulated development act, 1963.'3. two days after the receipt of the communication dated 23.3.1995, the respondent no. 2 ..... application should be forwarded on form clu-1 on account of the area being a part of the controlled area and not on st-ii of rule 4, this court is of the view that the entitlement of the state is to see that the development charges are paid by user and permission is given only sparingly ..... for change of land use. a facility like petrol pump has to be within the easy access of the citizens along road in any urban area .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //