Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, Section 16(3)(i), Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963, Rule 19 -- Pre-emption application - Non-compliance of R.19 and Form L.C. 13 of Rules 1963 - Appellant deposited ten percent of purchase money as required u/s 16(3)(i) of Act -..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Acquisition of land - Award regarding acquisition of land belonging to appellant was passed - However, appellant has not been dispossessed till date and possession is still retained by him - Appellant is entitled for protection u/s 24(2) of Act -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Acquisition of land in question during pendency of suit - Application to seek compensation - Allowed with observation that compensation would be allowed only if decree of specific performance is granted - Order upheld...........
Constitution of India, 1950, Article 300A, Manipur State Hill Peoples Regulation, 1947, Section 60, 61 -- Acquisition of land by government - Compensation - As per evidence on record, petitioners were having right of ownership over the land on which diversion road was constructed without resorting to provision of the Land Acquisition Act - Therefore, petitioner are..........
Land Acquisition (Amendment) Act, 1984, Section 15, 30(2), Land Acquisition Act, 1894, Section 23(2) - - Applicability of amended provision as to 30% solatium and 15% interest on the amounts due in pending cases and any award made between 30.4.1982 to 24.9.1984 - As there is no conflict with regard to S.30(2) of Amendment Act, therefore, claimants are entitled to solatium..........
Specific Relief Act, 1963, Section 34, Assam Land and Revenue Regulations, 1886, Section 8 -- Suit for ownership of land - Acquisition of title - Burden of proof - State being owner of immovable properties, private persons are only settlement holders u/s 8 of 1886, Act - Neither Jamabandi nor any other document was produced to show plaintiff's claim over property - In the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1873 days in filing appeal - Acquisition of land - Appellant a villager who can be given the benefit of doubt of his not being in know of the fact that an appeal was required to be filed - More often than not, the land holder/land loser in cases of compulsive acquisition by the State are rustic villagers..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Preliminary notification - Sale deeds executed long after issuance of preliminary notification, is void and non est in the eyes of law...........
Land Acquisition Act, 1894, Section 6, 16 -- Acquisition of land - Mode of possession - Possession by drawing a panchnama is a valid mode of taking possession...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Plea of adverse possession - Plaintiff failed to prove his title by adverse possession, as she herself admitted that officials of BDA had come to suit property and demolished the existing structure - Act of BDA would amply demonstrate that there was no unhindered, peaceful and continuous possession of suit..........
