Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Naranjan Singh – Appellant
Versus
Pepsu Road Transport Corporation, Nabha Road, Patiala – Respondent
JUDGMENT :
Nidhi Gupta, J.
The plaintiffs are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit of the appellants/plaintiffs seeking declaration to the effect that the plaintiffs are joint owners in possession of the land measuring about 28 Marlas as fully described in the head note of the plaint; and entered as such in the Jamabandi for the year 2007-08; and that there does not exist any public Park or public passage in the said land; and the plaintiffs have every right to raise the construction in the aforesaid land; and for Permanent Injunction as consequential relief restraining the defendants from claiming the existence of any part or passage in the aforesaid land from carving out any passage or putting concrete for constructing and brick paving or bitumen paving the same or creating any part in the aforesaid land, has been dismissed by both the Courts blow.
2. At the very outset, it may be pointed out that the present appeal is of the year 2019. However, notice has not yet been issued in the same as since 2019, the matter has been adjourned multiple times either due to non-appearance of, or at request of ld. counsel for t
The main legal point established in the judgment is that the entitlement to the relief of permanent injunction is dependent on the possession of the land reserved for a public park under the sanction....
Legal contention raised about applicability of Article 243ZD etc. has no application to the facts of the present case as the same applies only if the Scheme in question is framed by the concerned Mun....
Authority under the Act of 1976 exercises a quasi-judicial power which implies observing of the principles of natural justice and to conclude that the occupants are not entitled to occupy the plots. ....
The Town Planning Scheme, sanctioned under the Gujarat Town Planning Act, is valid and serves public interest, overriding private claims and previous judicial orders regarding easementary rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
