scheme for
public purpose.
It has been denied that the reservations made under
Section 12 of the Act for any public purpose can be
implemented ... mind regarding the particular public purpose sought to
be achieved thereby. Such designation quite evidently
cannot sub-serve a public purpose because of the very
maintainable in law as
the plot in question was sold in public auction
for commercial purpose, therefore, the
appellant was not a consumer as defined ... Consumer' that who purchased the plot in public
auction is for commercial purpose, without there
being any material in this regard and accepting
Government
Resolution dated 17/09/1966, whereby, public auction and the
reservation of plot for public purpose are prime and important
factors. He further submitted
acquired land, it is stated that to achieve the notified public
purpose, planning of the acquired land has already been finalized
by the HUDA ... behalf of respondents No. 1 and
2 to state that notified public purpose for acquiring the land has
been finalized by HUDA. Revised layout
shall not be changed by
variation of schemes for the purpose other than public purpose.”
Section 48 of the Act 1976 defines the power ... remaining area is utilised for public purpose,
the area so utilised vests in the local authority for a public
purpose, and since the Act does
present purpose,
relevant one is Regulation 4 of Chapter IV, according to which the
Corporation may dispose of plots of land by public auction ... plot of
land without calling for tender or without inviting offers from the general
public if the statutory regulations regarding disposal of land by public
owner (or lessee) of a plot of land which is reserved for
a public purpose, or road construction or road widening in the development
plan ... owner or a lessee of a plot of land, which is reserved for a public
purpose in the development plan, to the award
plots in front of their houses and from taking
over possession of the said grassy plots, which undoubtedly are public lands,
whether for the purpose ... granted tehbazari of
the grassy plot in front of their house were not entitled to include the said
grassy plots within the compound of their
boundaries,
if necessary, (b) to form a final plot from an original plot by the
transfer of any adjoining lands, (c) to provide with ... reserved for, any public purpose, or for a
purpose of the appropriate authority and the final plots, (ii) after
giving notice as aforesaid, determine
counsel is not
relevant, as the same has been done of a plot of land allotted
to it in contravention ... park,
school etc. in a lay-out plan is normally a public purpose as
it is inherent in such reservation that it shall be used
