Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Issuance of notification u/s.6 - Period of limitation - Interim order was granted by Court on 18.10.2011 in CWP No. 19449 of 2011 filed by petitioners earlier which remained in operation till 15.3.2012 - Notification issued u/s.6 on 3.10.2012 - Held, after excluding the period between the aforesaid dates,..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Opportunity of hearing not given to land owners in respect of objections raised u/s 5-A of the Act - Order of acquisition set aside - Land Acquisition Collector directed to comply with the mandate of S.5A(2) and submit a fresh report by considering the objections filed by the appellants and giving them..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii), 2(1), 20 -- Eviction - Material alteration - Concurrent finding - Revision against - Original building was a shed and petitioner had developed that building utilizing a portion of surrounding land and a portion of compound wall also has been demolished - Courts below found concurrently that there was..........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Punjab Land Record Manual, Chapter 7.16 - Registered sale deed - Validity - Jurisdiction of revenue officer - Held, mutation is a mere fiscal entry recorded by revenue officer to update revenue record and, therefore, neither confers nor divests a party of title - A revenue officer has no jurisdiction to opine as to..........
Punjab Land Record Manual -- Nature of - Held, Punjab Land Record Manual is a compendium of administrative instructions issued by FC in exercise of administrative powers conferred by the 1887 Act, and must, therefore, confirm to statutory powers conferred and prohibitions enacted by the 1887 Act - If any administrative instructions prescribe a prohibition, that is not set..........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Punjab Land Record Manual, Chapter 7.16 - Entering of mutation - Prohibition as to - Held, Chapter 7.17 of Punjab Lands Record Manual cannot be invoked to prohibit a revenue officer from entering a mutation merely because possession has not been delivered...........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Registered sale deed - Reflection in revenue record - Held, a sale deed, once registered, has to be reflected in revenue record - Where its legality is pending adjudication before a civil Court, a note shall be appended in `remarks' column of jamabandi, setting out particulars of civil suit and if stay order is in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7 -- Forcible dispossession by Panchayat - Legality - Held, as petitioners may have raised construction or are in possession, they cannot be dispossessed, except in accordance with law - Attempt by Gram Panchayat to forcibly demolish houses or dispossess petitioners should have invited immediate attention of..........
Stamp Act, 1899, Section 47A(2), Haryana Stamp (Prevention of Under Valuation of Instruments) Rules, 1978, Section 5(1) - - Market value of land - Determination - Validity - Only reason assigned for determining market value forthcoming from impugned order is bald assertion that property in question is located at Urban Estate, Hisar where all modern facilities and amenities..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition of land - Amended mode - Revenue authorities failed to appreciate true factual aspect of the case in right perspective - Land allotted to co-sharers of all the 3/4 khewats at seven places each - This runs counter to the object of allotting land in a consolidated manner - Amended mode of partition has not been kept in..........
