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Thursday, 13 October 2011

Punjab Town Improvement Act, 1922 (4 of 1922)

Section 36, 42, 59 – Land Acquisition Act, 1894 (1 of 1894), Section 4,6, 23, 28 – Acquisition of land by trust -- Applicability of Land Acquisition Act – Declaration u/s 42 of the 1922 Act after one year of notification u/s 36 – Contention that declaration u/s 6 of the Land Acquisition Act can be issued within one year of the notification u/s 4 of the Land Acquisition Act, therefore declaration u/s 42 of the 1922 Act could not have been issued -- Provisions of the Amendment Act, 1984 are not applicable to the Improvement Act, 1922 except amendments introduced relating to determination and payment of compensation viz Section 23 (2) and 28, as amended by the Amendment Act, 1984, would be applicable to the acquisitions under the State Acts and Section 23 (1A) where the Collector pronounced the Award after 30.04.1982 – Declaration u/s 42 is held to be in accordance with law. Satpal Dhiman son of Shri Jyoti Ram Dhiman v. State of Haryana and others, 2011(2) L.A.R. 407 (P&H DB).

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