Supreme Court of India · 1990-10-10
PHAGWARA IMPROVEMENT TRUST vs STATE OF PUNJAB AND ORS.
- Citation / case number
- SC 1989/72402
- Court
- Supreme Court of India
- Petitioner
- PHAGWARA IMPROVEMENT TRUST
- Respondent
- STATE OF PUNJAB AND ORS.
- Author
- B.C. RAY
- Bench
- B.C. RAY
Judgment text excerpt
The Supreme Court held that the non-publication of the development scheme in the Government Gazette before the expiry of the objection filing period does not render the entire scheme illegal under the Punjab Town Improvement Trust Act, 1922, specifically Sections 36 and 38. The Court emphasized that the legislative intent is to provide affected owners with a reasonable opportunity to file objections, which was fulfilled through individual notices served to them. Consequently, the appeals were allowed, overturning the High Court's decision that quashed the notification sanctioning the scheme.