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1994 Supreme(SC) 649

A.S.ANAND, P.B.SAWANT
Yogendra Pal: Niranjanlal: Swami Sohan Muni Chela Baba Jiwan Dass: Rohtak Foundary Production Co-operative Industrial Society: Rohtak Foundary Production Co-operative Industrial Society – Appellant
Versus
Municipality, Bhatinda: Municipality, Bhatinda: Municipal Committee, Bhatinda: Municipality, Rohtak: State Of Haryana – Respondent


Advocates:
ANANT PALLI, ASHOK MAHAJAN, Atul Sharma, G.K.BANSAL, HARISH N.SLAVE, Indu Malhotra, J.D.JAIN, M.MULCHANDANI, M.S.GUJRAL, Mahabir Singh, RAKHI PALLI, S.Baggar

Judgment

SAWANT, J.:- This is a group of appeals and a writ petition. Although the facts differ, they raise a common question of law, viz., whether the provisions of Section l92(1)(c) of the Punjab Municipal Act, 1911 and the corresponding provisions of Section 203( 1)(c) of the Haryana Municipal Act, 1973 for compulsory transfer of the land to the Municipal Committees without payment of compensation are valid.

2. For the purpose of this common judgment, we propose to narrate the facts in Civil Appeal No. 818 of 1986. That appeal is directed against the decision dated 12th April, 1985 of the Division Bench of the Punjab & Haryana High Court in a group of five writ petitions.

3. On 17th November, 1969, the State Government under Section 3(18) (b) of the Punjab Municipal Act, 1911 (hereinafter referred to as the Act) declared an area admeasuring 22.23 acres as unbuilt. The said area was described in the notification as Pocket No. 6. Thereafter, on 11th May, 1976, the State Government under Section 192(3) of the Act sanctioned a Town Planning Scheme drawn up by the Municipal Committee under Section 192(1) of the Act. Under the said Scheme, the said area of 22.23 acres was transferred to


















































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