Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Capital of Punjab (Development and Regulation) Act, 1952

Wednesday, June 07, 2006
Capital of Punjab (Development and Regulation) Act, 1952

Capital of Punjab (Development and Regulation) Act, 1952 — Section 2(b) — Chandigarh Lease Hold of Sites and Building Rules, 1973, Rules 11(2) and  12(3) — “Amenity” — “Amenity” held has been defined under Section 2(b) of the Act which includes roads, water-supply, street lighting, drainage, sewerage, public building, horticulture, landscaping and any other public utility service provided at Chandigarh — However, on a plain reading of the definition “amenities” read with Rule 11(2) and Rule 12, it cannot be construed to mean that the allottees could take upon themselves not to pay the lease amount and take recourse to say that since all the facilities were not provided, therefore, they are not under any obligation to pay the installment, interest and penalty, ifany, as provided under the Act and the Rules — Providing all the basic “amenities” as appearing under S. 2(b) of the Act to the allottee is a statutory obligation but it is not a condition precedent.

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