Regulations for Development & Disposal of Estates, 1977

  1. S.27 — It deals with the powers of the Authority and its delegation to the Chairman or a Member or an officer of the Authority, it does not deal with the delegation of powers of the Allotment Committee to the Chairman. Walayat Begum v. Revising Authority MDA 1998 SCR 221 (A)
  2. S. 39(2) of M.D.A. Act, shows that certificate of titled issued by the Authority in respect of any lease, sale, exchange or any transfer established a sufficient proof of the said title and such a certificate is admissible as evidence of that title for any proceedings in the Court — Thus in view of aforesaid provisions contained in sub-section (2) of section 39 of M.D.A. Act, 1974 and rules 13&14 of M.D.A. Regulations for Development and Disposal of Estate, 1977, it cannot be said that the certificate issued by the Authority does not create any title in favour of appellant. Liaqat Ali v. Abdul Aziz & 3 others 2001 SCR 146 (B)
  3. S. 48 (4) and (5) postulates that the Authority is vested with the power to constitute an Allotment Committee consisting of such number of members as may be determined with the approval of Government — Allotment Committee may further delegate its powers to Sub-Allotment Committee consisting of not less than three members — Allotment Committee cannot delegate its powers to the Chairman — Chairman is not vested with any power of allotment. Walayat Begum v. Revising Authority MDA & 3 others 1998 SCR 221 (B)
  4. Revising Authority was empowered to scrutinise and pass suitable orders in respect of allotments made by the Allotment Committee or the Chairman as delegatee of the Authority. Walayat Begum v. Revising Authority MDA & 3 others 1998 SCR 221 (C)
  5. In absence of proving the execution of the document agreement-to-sell and that some further steps in pursuance of the said agreement were taken in favour of respondent, he was not entitled to the decree. Liaqat Ali v. Abdul Aziz & 3 others 2001 SCR 146 (D)
  6. S. 39(2) of M.D.A. Act, shows that certificate of titled issued by the Authority in respect of any lease, sale, exchange or any transfer established a sufficient proof of the said title and such a certificate is admissible as evidence of that title for any proceedings in the Court — Thus in view of aforesaid provisions contained in sub-section (2) of section 39 of M.D.A. Act, 1974 and rules 13&14 of M.D.A. Regulations for Development and Disposal of Estate, 1977, it cannot be said that the certificate issued by the Authority does not create any title in favour of appellant. Liaqat Ali v. Abdul Aziz & 3 others 2001 SCR 146 (B)

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