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Saturday, March 20, 2010

Anuj Aggarwal v. Union Territory, Chandigarh
2009(1) LAW HERALD (P&H) 795 (DB)
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice M.M. Kumar
The Hon’ble Mr. Justice Jora Singh
C.W.P. No. 9680 of 2007
Anuj Aggarwal
v.
Union Territory, Chandigarh
{Decided on 17/11/2008}
For the Petitioner: Mr. K.K. Goel, Advocate.
For the Respondents; Mr. Anupam Gupta, Advocate.
Land & Property Law--Cancellation of Allotment--Physically challenged persons category--Eligibility--Allottee was minor on the date of opening of scheme--Brochure specifically mentioned that “the applicant must have completed of the scheme”--Petitioner is ineligible for allotment of flat--Writ dismissed-- |Chandigarh Housing Board Two Bed Room Flat Self Finance Housing Scheme, 2006, Condition No.11 (4) (Para 6)

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Mohinder Kumar v. Mohini Devi
2009(1) LAW HERALD (P&H) 797
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mahesh Grover
CR No. 6511 of 2008
Mohinder Kumar
v.
Mohini Devi
{Decided on 26/11/2008}
For the Petitioner: Mr. C. B. Goel, Advocate.
(A) Rent Law--Eviction--Bonafide need--Subsequent petition--Prior petition withdrawn--Subsequent petition cannot be said to be barred as the need, if it is arises subsequent to the filing of the petition--Bonafide need is to be seen with perspective on the existing need at that point of time--Petition to be viewed separately and independently--|Civil Procedure Code, 1908, Order 2, Rule 2--Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-B. (Para 7)
(B) Rent Law--Eviction--Bonafide need--Tenant cannot dictate to landlord as to which premises are to be utilised and in what manner--Need of landlord has to be judged from his view point and not from the view point of tenant-- |Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3) (a)(i). (Para 7)
(C) Rent Law--Eviction--Personal necessity-- Shop--Family consisted of eight sons--They are literate persons--Land lord allegedly got vacated two shops, one about 8 years and another 3-4 years back--These shops were occupied by two sons--Demised premises required for other son--The family of eight sons require the premises for carrying on their business--Eviction of tenant upheld--|Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-B. (Para 9)
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Lille Madanjit v. Land Acquisition Collector, for Pb. State E…
2009(1) LAW HERALD (P&H) 799
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
RFA No. 355 of 1993
Smt. Lille Madanjit
v.
Land Acquisition Collector, for Punjab State Electricity Board, Patiala
{Decided on 31/03/2008}
For the Appellants: Mr. Amit Jain, Advocate.
For the Respondent No.1: Mr. S.S. Sahu, AAG, Punjab.
For the Respondent Nos. 2 and 3: Mr. J.P.S. Sandhu, Advocate.
(A) Land and Property Law--Acquisition of Land--Compensation--Determination of--Award--Escalation in price--Compensation of adjoining land, acquired in the year 1983, was assessed @ Rs.9400/- per marla--Present land acquired in the year 1987--The appellants are entitled to an increase by 15% per year w.e.f. 19.4.1983 to 3.6.1987 on the amount of Rs. 9400/- per marla which comes to Rs.15,040/- per marla--|Land Acquisition Act, 1894, Sections 11, 18 (Para 12 & 13)
(B) Land and Property Law--Acquisition of Land--Super structure-- Determination of cost--Expert report--B.E. (civil) assessed the value of super structure @Rs.83,888/-.--No contrary evidence produced by respondents--Court assessed value @ Rs.60,000/- without any reason--Especially when there is report of expert--Value should have been assessed @Rs.83,888/-.--| Land Acquisition Act, 1894, Sections 18 (Para 14)
(C) Land and Property Law--Acquisition of Land--Compensation--Assessment of compensation--Raw land--Guiding factor--Auction price of booth site--Fully developed land having sewerage, water connection and other amenities--Auction price of booth site would not be a guiding factor for assessment of compensation--|Land Acquisition Act, 1894, Sections 18 and 11. (Para 14)
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