Land Acquisition Act, 1894, Section 4 -- Challenge that substance of notification not published in accordance with prescribed procedure in the locality - Report roznamcha : "Proclamation of the above subject was got made in village Karora by beat of empty drum through Risala Chowkidar in a loud voice. Left thumb-impression of Chowkidar" - Contents of report do not make..........
Land Acquisition Act, 1894, Section 4 -- Publication of substance of notification in the locality attacked as not in accordance with prescribed procedure - No mention in report by Chowkidar as to at what place in village he made the proclamation - Village a large one having population of 15000 and four Pattis i. e. smaller units - Naming of village itself would not amount..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Non-executability of pre-emption decree - During pendency of appeal in pre-emption case, tenant (father of vendee) died and his tenancy rights inherited by his so, vendee - Status of vendee became that of tenant by acquisition of tenancy rights by succession - Pre-emption decree cannot be executed as objector..........
Land Acquisition Act, 1894, Section 23 -- Compensation for acquisition - State bound to pay market value of land acquired - Restriction of enhanced compensation to court-fees paid and claim put forward in memorandum of appeal - Not correct - Claimant should be allowed to pay deficit court-fees and compensation awarded at higher rate or rate determined - Denial of payment..........
Land Acquisition Amendment Act, 1934, Section 30 - - Interpretation of - Provisions of amended Section 23 sub-section (2) and Section 28 Land Acquisition Act applicable to all proceedings relating to compensation pending on 30th April 1982 or filed subsequent to that date, whether before Collector or before Court or High Court or Supreme Court, even if they have finally..........
Land Acquisition Act, 1894, Section 17, 5A, 4, 6 -- Urgency provisions invoked for construction of Police Station - Public purpose of acquisition (construction of Police Station) cannot be accomplished in a day or of such a nature that it cannot brook delay during which objections under Section 5 A cannot be heard and decided - Notification quashed so far it relates to..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32L, 32M - - Word 'transfer' in Section 32-L - Does not include retransfer of land which takes place on redemption - Labh Singh's case 197L P. L. J. 494 D. B. Reversed - Mortgagor after redemption of mortgaged land in possession of land in excess of permissible limit - Becomes liable to surrender surplus land - Court..........
Land Acquisition Act, 1894, Section 23 - - Poultry Farm, loss of earnings - Compensation can be awarded for the period claimant would have normally and reasonably taken to re-establish himself or to set up a poultry farm at a different place or place he claims to have shifted - Duration to re-establish - Cannot be more than 6 to 9 months - Opinion or assessment done by..........
Himachal Pradesh Tenancy and Land Reforms Act, 1972 -- Acquisition of ownership rights by tenant on mortgaged land - Tenant inducted on mortgaged land in the same manner in which mortgagee created tenancy in respect of ownership land - Lease created by mortgagee binding on mortgagor even though mortgage redeemed - Tenant entitled to ownership rights over mortgaged land...........
Land Acquisition Act, 1894, Section 34, 31, 18 -- Future interest on compensation from date of deposit in Court to date of payment to claimants - Plea that interest not payable as deposit of amount in Court Stopped liability to pay interest on compensation after that date - Not tenable because payment of compensation objected to - Claimants entitled to future interest at..........
