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Results of land acquisition

Showing : 1051-1060 of 2006 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 5A, 6A -- Notification u/s 4 for acquisition of land - Objections u/s 5-A filed by land owners - Objection dismissed - LAC passed recommendation order 'it is proper to aquire the land' - Dismissal of objection without application of mind and without giving opportunity of hearing to land owners..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6, Works of Defence Act, 1903, Section 3, 7(b) -- Restriction regarding use and enjoyment of land - Colourable exercise of power -Land acquired for residential & commercial purpose - Challenged - Acquired land situated within vicinity of explosive are of Air Force Station - Notification u/s 3..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6 -- Notification for acquiring land - Land allotted to 'Mahavir Chakra Awardee' as a reward for gallantry shown during wars - Once Govt. had allotted the land in recognition of service to nation, it would be vary unfair on its part to take it back by acquiring the same afterwards. (Para18)..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 4, 6, Forest (Conversation) Act, 1890, Section 2 -- Forest Land - Notification for acquiring land - Challenged - Relying on Apex Courts judgments in Supreme Court Monitering Committee (1997) 11 SCC 605 & T.N. Godawarman Thirumulkpad etc. AIR 1997 SC 1228 it is contended that land developed as forest could not be used for other purpose..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6 -- Notification for acquiring land for Residential and Commercial purpose - Challanged - Notification quashed on following courts - (i) Objection u/s 5-A not disposed of in accordance with law (ii) Purpose of Acquisition cannot be achieved because acquired land is within vicinity of Air..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

National Highways Act, 1956, Section 3A, 3D -- Notifications for acquiring land for widening/four laning/maintenance/operation etc. of National Highway - Challanged on the ground of discrimination - Objections filed, duly considered - Rejected on the ground that National Highway always constructed straight, not in a zig-zag manner to avoid accidents - No discrimination as..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 5 -- Land acquired invoking urgency provisions - Notifications u/s 4 & 6 challenged - Land in dispute measuring only 4 kanals - Left inadvertently while acquiring land for establishing Industrial Estate - Hampering development work and continuity of project - Right to raise objections u/s 5A dispensed with after due application of mind..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 5A, 17 -- Urgency provisions - Denial of right to file objections - Sec. 5A confers valuable rights to land owners akin to fundamental right - Denial of fundamental right for lapse or laxity on part of State perpetuate/result in injustice on land owners - Before dispensing enquiry under Sec.5A there must be application of mind that..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 5A, 17 -- Acquisition invoking urgency provisions - Denial of right to file objections - Lack of application of mind before dispensing with enquiry u/s.5A - Inaction and laxity on part of State - Challenge to the notification for acquiring land by invoking urgency provisions - Land to be acquired for setting up new mandi township -..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 17 -- Need to acquire and urgency/ unforseen emergency to acquire land - Difference - In every acquisition there is a need or a pressing need to acquire land but urgency for invoking the provisions of Sec. 17 should be one arising naturally, out of circumstances which exists when decision to acquire land is taken -..........

Showing : 1051-1060 of 2006 Results