9911796707
TMI Blog1996 (9) TMI 635X X X X Extracts X X X X X X X X Extracts X X X X ..... Punjab Town Improvement Act, 1922 (for short, the Act ). The Scheme in that behalf was framed and notices were issued of the factum of framing of the Scheme; objections were invited and the Scheme was published under Section 78 in the weekly newspapers for three consecutive weeks and also in the State Official Gazette. It was also published in the newspapers in the locality within the specified period. The notice of the Scheme was sent to the President of the Municipal Committee and to the Medical Officer under Sub-section 2(b) of Section 36 of the Act. No objections in that behalf came to be made. Thereafter, the Government had approved the Scheme under Section 40 of the Act. By operation of Section 42(2) of the Act, the approval of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... immovable property which the Trust proposes to acquire in execution of the Scheme, or the occupier of such premises, is necessary. It would, therefore, be necessary that the Trust must have reason to believe, after due enquiry, that the person to be affected is the owner of the immovable property proposed to be acquired. In this case, the admitted position is that the disputed property is a vacant site. The appellant had purchased the property on January 24, 1985. The Scheme was approved by the Government on March 19, 1985. It would be obvious that the proposal under Section 36 was widely published in the Gazette, weekly and daily newspapers and notice thereof was also given to the Municipality before the appellants purchased the property. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nconvenience is enormous, the Court always considers the procedure to be directory. It has always considers the procedure to be directory. It has always considered, by catena of decisions of this Court, such a procedure to be directory. If it were a case where a reputed owner whose name has already been entered in the Municipal records and has paid the municipal taxes over a period to the Municipality or the Gram Panchayat, as the case may be, necessarily there would be scope for the authorities to reasonably believe, after due enquiry, that he would be the owner. If they derelict in making such enquiry or serving the notice, necessarily it may be held that its failure to get the notice served on the owner, who was believed to be the owner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition was mala fide. That apart, there is no finding recorded by the courts below in that behalf. The High Court also has put out the case on the principle that unless in the circumstances the respondent proves prejudice in his case, discretionary relief for injunction cannot be granted. All the three courts refusal to grant injunction to the appellant restraining the authorities from enforcing the Scheme duly framed. The injunction is a matter of discretion. When the authorities have been implementing the Scheme for the benefit of the public of the town, the courts below have rightly refused to exercise discretion to grant injunction and have not committed any manifest error of law for correction by this Court. Moreover, the maintainabili ..... X X X X Extracts X X X X X X X X Extracts X X X X
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