Land Acquisition Act, 1894, Section 48, 5, 4 -- Withdrawal from acquisition - Permission to move competent authority for withdrawal of land from acquisition under Section 48 - Om Prakash's case (1998) 6 SCC 1 cannot be treated as a precedent in all land acquisition cases where Section 5 - A enquiry is dispensed with...........
Land Acquisition Act, 1894, Section 17(4), 5A, 4, 6 -- Delay of one year between Section 4(1) notification and Section 6 declaration - Challenge to subjective satisfaction of urgency - Latter delay between Section 4(1) notification and Section 6 declaration does not have any great impact on subjective satisfaction arrived at when order dispensing with Section 5 - A enquiry..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i) -- Ejectment on ground of small landowner - Status of landowner - While determining landowner's entitlement, his family shall have to be taken as on 24.1.1971 under Section 4(6) Haryana Ceiling on Land Holdings Act since land acquired by landowner through inheritance - Entitlement to be seen on the appointed day..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4(2) -- Land if falls in any of the clauses of Section 2(g) - Sufficient to bring it within definition of Shamilat Deh - Would vest in Panchayat - Plea that in case of Banjar Qadim land, clause (5) alone would be applicable - Not tenable - All clauses are quite independent of each other and recourse can be..........
Possession -- Suit land described in revenue records as Gair Mumkin Pahar i.e. land is Banjar Qadim being not cultivated since long - Person shown in column of possession as tenant - Entries showing land as barren or vacant - Indicate that it was never in physical possession of person shown as tenant - Punjab Land Revenue Act, Section 31(2)(a) - Punjab Land Records..........
Punjab Land Revenue Act, 1887, Section 45 -- Suit for declaration to be owners in possession of suit land since time of their forefathers and even prior to the year 1954 when Punjab Village Common Lands (Regulation) Act, 1953 came into force, suit land never vested in Panchayat and entries in column of ownership of Jamabandi wrong and against facts - Plaintiffs required to..........
Faridabad Complex (Regulations and Development) Act, 1971, Section 15 - - Suit land being Shamilat Deh on commencement of Punjab Village Common Lands (Regulation) Act 1953, which came into effect from 9.1.1954, vested in Panchayat and continued to b+i so on the enforcement of Punjab Village Common Lands (Regulation) Act, 1961 sabha area where land situated included in..........
Plot -- Transfer of by allottee - Whether assignee has a legal right to claim performance of any part from allottor - Depends upon terms of allotment - If allottee evacuates from the scene after inducting someone else into the plot without consent of allottor - Not legally permissible for inductee to compel allottor to recognise him as allottee - No locus standi of..........
Plot -- Resumption of - Condition that industrial unit shall be established within a specified period failing which interest shall cease - A valid condition - Deed of Conveyance did not create any absolute interest in favour of allottee in respect of plot conveyed - Clause 7 of Agreement regarding resumption of plot - Not hit by provisions of Section 11 Transfer of..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 14 -- Unless State Government removed a member under Section 14 after holding him to be disqualified - Participation of such member in the meeting - Cannot be forbidden...........
