Punjab Land Revenue Act, 1887, Section 31, 32, 33, 45 -- Onus to rebut correctness of revenue record - Entry in jamabandi for year 1949-50 regarding occupancy tenant - Entry continuing in subsequent jamadbandis - Contention that entry manipulated in connivance with officials - Presumption of truth attached to jamabandi, unless got corrected from Civil Court - Onus to..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18, 26 -- Surplus proceedings - Bar of jurisdiction of Civil Courts - Land declared surplus and allotted by the allotment authority - Order of declaration and allotment not appealed - Attained finality - Civil suit filed challenging order of declaration and allotment - Entitlement, choice of land and allotment are..........
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..........
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 -..........
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 -..........
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117 -- Partition of Land - Naksha Bey confirmed by AC Ist Grade - Collector in appeal set aside the order and remanded matter back with specific directions - Again same Naksha Bey approved by AC Ist Grade without complying with directions - Collector again remanded matter back with specific directions..........
Punjab Security of Land Tenures Act, 1953, Section 24, Punjab Tenancy Act, 1887, Section 84 -- Surplus Area - Remand by Commissioner with direction to give benefit of `Banjar area' as per record - Collector placed onus of producing revenue record on landowner/petitioner - Upheld its previous order holding no proof of banjar area given - Relevant Jamabandis on record - Not..........
Punjab Land Revenue Act, 1887, Section 16 -- Revision - Locus standi - Aggrieved party - Partition proceedings completed - Final order of partition passed - One co-sharer filed appeal before Collector against said order - No appeal filed by other co-sharers - Appeal dismissed - Other co-sharer filed revision against the order of Collector before Commissioner - No locus..........
Punjab Land Revenue Act, 1887, Section 13, 16, 121, 122 -- Partition proceeding completed - Sanad taksim prepared - Possession delivered to co-sharers as per instruments of partition - No appeal or revision competent before Revenue Authorities - Aggrieved party can only approach Civil Court...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- (As applicable to Haryana) - Thola land mutated in the name of Gram Panchayat after consolidation - Suit challenging mutation in the name of Gram Panchayat - Dispute raised after 36 years - Mutation should have been challenged at the time of sanctioning - Petitioners held to be encroachers - Question of..........
