Showing : 1781-1790 of 1975 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 19(1)(f)-- Only path to land acquired - No other path to reach land - Provision of path fundamental requirement - By blocking passage to land right to hold property (which means right to enjoy property in any lawful manner as owner may choose) affected - Amounts to unreasonable restriction - Acquisition of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 5A-- Enquiry, nature and scope of - Not laid down in Act itself - Instructions contained in Paragraph 19-A of Financial Commissioner's Standing Order No. 28 - Binding on Collector and functionaries of his office - Enquiry a quasi-judicial one as it has civil consequences of depriving a person of his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 45-- Notice, mode and manner of service - Section 45 contemplates service of notice through process-server - Normally notice should be served in the manner provided in sub-sections (1), (2) and (3) - Pre-requisite for adopting alternative method of service by post contemplated by Proviso - A direction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 5A-- Report of Collector - For scrutinising objections Government constituted a Committee consisting of Senior Town Planner, Estate Officer, Executive Engineer and Collector - Collector after recording nature of objections under various heads agreed with recommendations of Committee - Apparently..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 45, 5A, 6- - Notice of hearing to objector - Not clear from notice claimed to be served : (i) to whom entrusted for effecting service as it bears no endorsement of any process-server or any other functionary of Collector's office; (ii) who identified the person who is alleged to be served not stated anywhere;..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 5A-- Objections under - No record of receipt of objections maintained in office of Collector - Objection petitions not entered in any sort of register nor objectors issued any receipt of filing objection? - Claimants apparently at the mercy of functionaries of Collector's office to either handle their..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 10- - Saving of rights of tenant to compensation and occupancy rights under Punjab Tenancy Act - Eviction order passed against tenant before institution of suit for occupancy rights - No saving of rights of tenant under Proviso to clause (i) of Section 14-A - Unless suit pending on the day proceedings..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 48-- Not applicable to temporary occupation under Part VI Sections 35 to 37 - Government if takes authorised permanent possession under Section 16 or 17 - Loses its right to withdraw from acquisition - Word "possession" - Means permanent actual physical possession of land - Mere deprivation of use of a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 54-- Appeal filed by Land Acquisition Collector on behalf of State Government - Competent - No special authorization needed for filing appeal - Collector by exercising quasi-judicial powers in certain matters, does not cease to be agent of Government in relation to all other matters under the Act -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1982
Details
Land Acquisition Act, 1894, Section 54-- Appeal by person for whose benefit land acquired - Not competent - Person for w hose benefit land acquired - Not a person aggrieved as envisaged by Section 54 - Cannot challenge judgment of District Judge in appeal...........

Showing : 1781-1790 of 1975 Results