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SURESHWAR THAKUR, SUKHVINDER KAUR
Om Parkash (Deceased) Through Lrs. – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
Since both the writ petition(s) relate to common questions of law, and also with the facts thereins being identical, therefore, the same are being disposed of through a common order.
2. Through the instant writ petition, the petitioner(s) claim the making of a lapsing declaration in respect of the subject lands.
3. For understanding the import of the above claim, it is but necessary to extract the provisions incorporated in Section 192 (1)(c) of the Punjab Municipal Act, 1911 (hereinafter for short called as the 'Punjab Act of 1911') as thereons the above claim becomes rested. The said provisions are extracted hereinafter.
The court declared the provisions of Section 192(1)(c) of the Punjab Municipal Act, 1911 ultra vires but applied the ruling prospectively to maintain public order.
The court upheld the legality of land acquisition notifications while rejecting claims against compensation assessments, emphasizing public purpose over individual land rights.
The public purpose of developmental activities outweighs private individual interests in land acquisition cases.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
The acquiescence to surrender land for development rights without monetary compensation constitutes a valid acquisition under statutory provisions, upheld despite late challenges to possession.
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
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