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Harpal Singh vs Improvement Trust Barnala on 17 February, 2021

15. This Commission also, in First Appeal No.1278 of 2009 (Improvement Trust, Ludhiana v. Neeraj Chugh & Ors.) decided, vide order dated 16.09.2013, relied upon the aforesaid judgment of the Hon'ble Supreme Court and, by discarding the Notification dated 13.12.2005, quashed the demand of non-construction charges raised by the Improvement Trust. In view of the law laid down in the above noted cases, it is clear that the aforesaid Notification dated First Appeal No.529 of 2019 20 13.12.2005, having no retrospective effect, is not applicable to the facts and circumstances of the present case.
State Consumer Disputes Redressal Commission Cites 14 - Cited by 0 - Full Document

Ludhiana Imp. Trust vs Dr. Satpal Aggarwal And Others on 19 May, 2015

10.    We find that OPs issued instructions for raising non-construction charges from those allottees, who did not raise the construction within the stipulated period. Consumer Forum cannot set aside the instructions of the Government like regular courts. Even Ex.C-15, contain of the provision to raise the construction within three years from the date of issue of allotment order after getting the demarcation and there is provision for raising non-construction charges in it. Even Ex.C-21 issued by Joint Secretary to the Chairmen Improvement Trusts, no penal fee or non-construction fee will be charged from the allottees for such period during which the allotments were either under the stay of the Government or litigation and these will be referred to the Government. Ex.C-22 is instructions of the Punjab Government for non-construction charges. The Government of Punjab has been issuing the instructions for levy of non-construction charges in this case. The counsel of the complainant referred to law laid down by this Commission in Improvement Trust Ludhiana Vs.  Neeraj Chugh & others in First Appeal No.1278 of 2009, Date of Institution 08.09.2009, Date of Decision : 16.09.2013 and also judgment of this Commission in Improvement Trust Ludhiana Vs. Nirmala Wati Loomba & Others, First Appeal No.1273 of 2009, Date of Institution 04.09.2009, Date of Decision : 04.04.2014 and contended that non-construction charges could not be raised.
State Consumer Disputes Redressal Commission Cites 5 - Cited by 0 - Full Document

Improvement Trust, Moga vs Gurnam Singh on 21 May, 2015

6. From perusal of above referred evidence on the record, we find that Punjab Government had been issuing the instructions to First Appeal No.1839 of 2011 12 the Chairmen of Improvement Trust of Punjab from time to time for levying non construction charges, where the allottees failed to raise the construction within three years period. The submission of counsel for the complainant, now respondent is that there is no provision in the allotment order under the Improvement Trust Act to levy the non construction charges. The counsel for the complainant, now respondent cited the decision of this Commission titled as "Improvement Trust Ludhiana Vs. Neeraj Chugh and others"
State Consumer Disputes Redressal Commission Cites 6 - Cited by 0 - Full Document
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