DELHI IMPROVEMENT TRUST Vs. CHANDRA BHAN AND ORS.

JUDGEMENT

(1.) This second appeal is directed against the judgment of Additional Senior Subordinate Judge, Delhi, with enhanced appellate powers, dated May 6, 1957. The facts of the case may briefly be set out. The United Provinces Town Improvement Act, 1919 (Act, VIII of 1919) was extended to Delhi with certain modifications. On March 22, 1939, a scheme called "Serai Rohilla Town Expansion Scheme" was framed by the Trust in exercise of the powers conferred by Sec. 32(1) of the Act. The said scheme was notified in accordance with the provisions of Sec. 42 of the said Act. The said notification (Exhibit D. 6) is in the following terms:

(2.) This sanction is given subject to the following conditions:

(3.) The Plaintiffs inter alia challenged the aforesaid notification, dated 11th March, 1941, principally on the ground that the said notification constituted an alteration in the scheme involving acquisition and, therefore, the provisions of Sec. 43(b) of the Act, ought to have been complied with. It was further contended that by virtue of Sec. 49, Sec. 193 of the Punjab Municipal Act, became applicable and the authorities not having passed any orders on their notices of intention to erect buildings on the said plots within the prescribed period of 60 days the sanction to erect buildings should be deemed to have been granted. It is not in dispute that 23 Plaintiffs gave notices of their intention to erect buildings on their respective plots. The following chart would indicate the name of the Applicant, the date of notice, the date of the refusal and the document on the record in proof of the same.