Land Acquisition Act, 1894, Section 4, 6, Civil Procedure Code, 1908, Section 100 -- Acquisition of Land - Compensation enhanced in appeal - Legal issue involved in appeal already stood settled when appeal was filed - Held, judgment of Court below strictly in consonance with law and same attained finality, but still appeal filed in High court - State permitted to withdraw..........
Land Acquisition Act, 1894, Section 23(1A), 23(2) -- Solatium - Not payable on additional amount nor additional amount is payable on solatium - Solatium and additional amount are also not payable on damages/expenses that may be awarded under second to sixth factors u/s 23(1) of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Land in disputed recorded in the name of one `B' after death of his father `K' - Petitioner did not challenge mutation entry immediately - During pendency of suit petitioner moved Revenue Court to seek his share in the property - Perusal of order passed by Revenue..........
Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Land acquisition - Notification u/s 4 quashed with liberty to issue a fresh notification - Fresh notification issued after 3 years invoking emergency clause - Time gap of 3 yeas between quashing of first notification and issue of second notification is too long to justify invoking of urgency clause - This is clearly..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 406 -- Quashing of complaint - Offence u/ss 420, 406, 467, 468 IPC - Property in dispute was gifted to son of petitioner by her father - As per complaint, Petitioner No.1 being guardian of her minor son executed sale deed in favour of complainant/petitioner no. 2, after taking..........
Constitution of India, 1950, Article 32 -- Public Interest Litigation - Res judicata - Court in earlier petition disapproved policy of Govt. with regard to allotment of land by the Chief Minister from discretionary quota - But none of the allotments made except that in favour of respondent set aside - Held, rights of the parties allotted plots stand settled and attained..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for public purpose - Challenge against power of compulsory acquisition on the ground that the same has been used fraudulently - However, delay in filing writ petition - Held, all objections concerning delay in challenging acquisition and locus standi are not sustainable as all actions taken fraudulently are vitiated..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for public purpose - Release of land - State acquired big chunk of land and made conditional release of same in favour of private company who further sold it to another company in violation of conditions governing release - Thereafter notification issued under provisions of Special Economic Zone Act, 2005 by..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of lime orchard - Determination of compensation - No documentary evidence in support of income yielded by orchard - Expert gave gross annual income from each tree as Rs.150 to Rs.200/- - Held, compensation is to be calculated taking average thereof by allowing deduction towards cost of cultivation and other expenses -..........
Civil Procedure Code, 1908, Section 11 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........
