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1 - 10 of 16 (0.28 seconds)Article 226 in Constitution of India [Constitution]
Article 300A in Constitution of India [Constitution]
Yogendra Pal And Others vs Municipality, Bhatinda And Another on 15 July, 1994
(c) of the Punjab Municipal Act, 1911 and the corresponding
provisions of Section 203(1)(c) of the Haryana Municipal Act, 1973
for compulsory transfer of the land to the Municipal Committees
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without payment of compensation, were valid. Careful reading of the
said judgment, specially para 8 relied upon by the Petitioner, shows
that the Apex Court has considered the purport of word 'transferred'
against the word 'acquired'. The Apex Court has held in the context
of Section 192(1)(c) of the Punjab Municipal Act, 1911 that the
transfer is nothing short of acquisition divesting the land owner of all
his rights as owner of the land. The question of back-tracking from
written assurance given by the developer so far as the D.P. road is
concerned, was not under consideration in the said judgment and
therefore, in our considered view, the said judgment will not advance
the case of the Petitioner.
K.T. Plantation Pvt. Ltd. & Anr vs State Of Karnataka on 9 August, 2011
50. So far as the last judgment relied upon by the Petitioner
in the matter of K.T. Plantation Pvt. Ltd and Ors. Vs. State of
Karnataka (supra) is concerned, the reliance placed by the Petitioner
on the said judgment is totally misplaced, in as much as the ratio of
that judgment of the Apex Court is related to 'invalidation of the
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legislation on the ground of delegation of essential legislative
functions or on the ground of conferring un-guided, un-controlled
and vague powers upon the delegate without taking into account
preamble of act as also other provisions of the statute'. In that case
the constitutional validity of Roerich and Devika Rani Roerich Estate
(Acquisition & Transfer) Act, 1996 and legal validity of Section 110
of the Karnataka Land Reforms Act, 1961 were under consideration.
The facts of this case are not even remotely close to the facts of that
judgment, and therefore this judgment also does not help the
Petition.
The Maharashtra Co-Operative Societies Act, 1960
The Code of Civil Procedure, 1908
The Urban Land (Ceiling And Regulation) Act, 1976
Vrajlal Jinabhai Patel, Since Deceased ... vs State Of Maharashtra And Ors. on 29 August, 2002
In the case of Vrajlal Jinabai Patel and Ors Vs. State of
Maharashtra and Ors. (supra) once again the issue of acquisition of
open space was involved and in that context, the coordinate bench of
this Court had held that the title in the open space is not transferred
to the Municipal Council merely on the passing of lay-out and
acquisition of open spaces is not contemplated under Section 183 of
the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965. In the present case, there is no
acquisition of open space involved in the matter and therefore the
said judgment also does not advanced the case of the Petitioner.