Showing posts with label Punjab Public Premises and Land (Eviction and Rent Recovery) Act. Show all posts
Showing posts with label Punjab Public Premises and Land (Eviction and Rent Recovery) Act. Show all posts
Tuesday, April 13, 2010
PUNJAB PUBLIC PREMISES AND LAND (EVICTION AND RENT RECOVERY) ACT, 1973
S.4 & 5--Eviction--Two petition--Maintainability of--If land in earlier proceedings as well as subsequent proceedings is same then second application is not maintainable--Trial Court (Original authority) directed to find out as to whether land in both proceedings are same.; Chand Singh v. Gram Panchayat, Rehurianwali and Ors.; 2010(1) Law Herald (P&H) (DB) 619
Saturday, March 20, 2010
Revenue Law--Eviction--Damages--Order of eviction from Gram Panchayat land
2009(2) LAW HERALD (P&H)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ranjit Singh
Civil Writ Petition No. 7304 of 2008
Bachan Singh
v.
The District Development and Panchayat Officer-cum-Collector, Amritsar and others
{Decided on 07/01/2009}
For the Petitioners: Mr. S. K. Mahajan, Advocate,
For the Respondent Nos.1 and 2: Mr. P. C. Goyal, Addl.A.G., Punjab,
For the Respondent No.3: Mr. T. P. Singh, Advocate,
Revenue Law--Eviction--Damages--Order of eviction from Gram Panchayat land--Land not vacated for 30 years and remained in possession without paying rent--Damages assessed at Rs. 7.20 lakhs, for last 3 years, reduced to Rs. 3 lakhs--|Punjab Public Premises & Land (Eviction & Rent Recovery) Act, 1973, Section 5--Punjab Village Common Land Regulation Rules, 1964, Rule 20-A.
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ranjit Singh
Civil Writ Petition No. 7304 of 2008
Bachan Singh
v.
The District Development and Panchayat Officer-cum-Collector, Amritsar and others
{Decided on 07/01/2009}
For the Petitioners: Mr. S. K. Mahajan, Advocate,
For the Respondent Nos.1 and 2: Mr. P. C. Goyal, Addl.A.G., Punjab,
For the Respondent No.3: Mr. T. P. Singh, Advocate,
Revenue Law--Eviction--Damages--Order of eviction from Gram Panchayat land--Land not vacated for 30 years and remained in possession without paying rent--Damages assessed at Rs. 7.20 lakhs, for last 3 years, reduced to Rs. 3 lakhs--|Punjab Public Premises & Land (Eviction & Rent Recovery) Act, 1973, Section 5--Punjab Village Common Land Regulation Rules, 1964, Rule 20-A.
Wednesday, March 10, 2010
Even if, an order is illegal, null and void that has to be got set aside by filing a suit, within the period of limitation
2010(1) LAW HERALD (P&H) 205
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.23 of 2009
Tek Chand & Ors.
v.
The Secretary, Punjab Housing Development Board, Sector 17, Chandigarh
{Decided on 05/08/2009}
For the Appellant: Mr. R.K. Joshi, Advocate.
For the Respondents: Mr. Ashish Grover, Advocate.
IMPORTANT POINT
Limitation--Even if, an order is illegal, null and void that has to be got set aside by filing a suit, within the period of limitation--Until and unless, the order, may be illegal, is set aside, the same remains operative.
(A) Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, Ss.4, 5 & 7--Cancellation of allotment--Second appeal--Breach of terms and conditions of allotment letter--Appellant defaulted in making payment of instalments as per schedule--Notice before cancellation of allotment was served--Cancellation of allotment held valid--Held, that deposits of instalments, after a number of years, and after the cancellation of the allotment of the house, in question, without any permission from the defendants by the plaintiff did not revalidate the allotment which had already been cancelled. (P.13)
(B) Limitation Act, 1963, Art. 58, S.2J & 3--Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, Ss.4, 5 & 7--Cancellation of allotment--Null and void order--Suit for setting aside the order of cancellation--Limitation of--Order of cancellation allotment was passed on 5.4.1988--Suit was filed on 9.2.1998--Suit is palpably barred by time--Limitation is three year--Held; Even if, an order is illegal, null and void that has to be got set aside by filing a suit, within the period of limitation--Until and unless, the order, may be illegal, is set aside, the same remains operative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.23 of 2009
Tek Chand & Ors.
v.
The Secretary, Punjab Housing Development Board, Sector 17, Chandigarh
{Decided on 05/08/2009}
For the Appellant: Mr. R.K. Joshi, Advocate.
For the Respondents: Mr. Ashish Grover, Advocate.
IMPORTANT POINT
Limitation--Even if, an order is illegal, null and void that has to be got set aside by filing a suit, within the period of limitation--Until and unless, the order, may be illegal, is set aside, the same remains operative.
(A) Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, Ss.4, 5 & 7--Cancellation of allotment--Second appeal--Breach of terms and conditions of allotment letter--Appellant defaulted in making payment of instalments as per schedule--Notice before cancellation of allotment was served--Cancellation of allotment held valid--Held, that deposits of instalments, after a number of years, and after the cancellation of the allotment of the house, in question, without any permission from the defendants by the plaintiff did not revalidate the allotment which had already been cancelled. (P.13)
(B) Limitation Act, 1963, Art. 58, S.2J & 3--Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, Ss.4, 5 & 7--Cancellation of allotment--Null and void order--Suit for setting aside the order of cancellation--Limitation of--Order of cancellation allotment was passed on 5.4.1988--Suit was filed on 9.2.1998--Suit is palpably barred by time--Limitation is three year--Held; Even if, an order is illegal, null and void that has to be got set aside by filing a suit, within the period of limitation--Until and unless, the order, may be illegal, is set aside, the same remains operative.
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