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1991 Supreme(SC) 469

M.H.KANIA, P.B.SAWANT
Bhatinda Improvement Trust – Appellant
Versus
Balwant Singh – Respondent


Advocates:
AMAN VACHHER, Dhruv Mehta, K.K.GUPTA, NANITA SHARMA, O.P.Sharma, R.C.GUBRELE, S.K.MEHTA, Vivek Sharma

Judgment

KANIA, J.:- Leave granted. Counsel heard.

2. The appellant, Bhatinda Improvement Trust, framed a development scheme under the Punjab Town Improvement Act, 1922 (referred to hereinafter as "the said Act"). Notices under S. 36 of the said Act in respect of the said scheme, setting out the particulars referred to in the said Section, were published in the Daily Tribune on May 31, 1977, June 7, 1977 and June 14, 1977. The said notices were also published in the local daily Ajit on May 30, 1977, June 6, 1977 and June 13, 1977 and in Punjab Government Gazette on June 17, 19771 June 24, 1977 and July 1977, respectively. A Notification as required under S. 42 of the said Act was published on June 30, 1980 sanctioning the said development scheme. The said Notices and Notifications were challenged by the respondents in Civil Writ No. 2508 of 1982 filed in the High Court of Punjab and Haryana, inter alia, on the ground that the Notification under Section 42 was not issued within the stipulated period of three years from the first publication of the Notice under Section 36 and on that account it was bad in law. This contention found favour with the learned single Judge of Punjab and Har


















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