As Above Condition what Can to do? Can I File A Case ? Which Court (CjSD or Hiogh Court) ? Can Get A Stay on above Municipal corporation process? Which Court (High Court or Civil Court) ?
The Corporation or any person aggrieved by an order passed by the Collector under sub-section (1) may, notwithstanding anything contained in any law for the time being in force, within one year from the date on which the Corporation or such person had due notice of such order, institute a suit in any competent civil court to set aside such order or to claim a relief inconsistent therewith.If any such suit is instituted after the expiration of one year from the date on which the notice of such order has been given such suit shall be dismissed although imitation has not been set up as a defence.
Can Rehabilitation of All Shopkeepers in Suitable place Any Provision ? can i file case against municipal corporation for Rehabilitation of All Shopkeepers in Suitable place this purpose ?
77. Acquisition of immovable property
(1) Whenever it is provided by this Act that the Commissioner may acquire or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing committee either generally for any class of cases or specially in any particular case.
(2) Whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing Committee
(3) The Commissioner may on behalf of the Corporation acquire by agreement any easement affecting any immovable property vested in the Corporation, and the provisions of sub-sections (1) and (2) shall apply to such acquisition.
Section 78(3) The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and thereupon the said property shall vest in the Corporation.