Land Acquisition Act, 1894, Section 4 -- Publication of substance of notification in the locality - Not necessary for Collector to personally authorise publication by beat of drum - One or other official can cause publication of substance in the locality - Publication of substance in the locality material factor - Publication by beat of drum made by cartsman - Plea that..........
Land Acquisition Act, 1894, Section 5A, 45 -- Objections - Service of notice of hearing - Plea that no hearing given as notice not served but no mala fides alleged against any Officer - Other land owners upon receipt of notice appeared for hearing of objections - No reason to give finding that land owners not served - Acquisition cannot be quashed on the ground that notice..........
Land Acquisition Act, 1894, Section 4 -- Acquisition whether bona fide - Land sought to be acquired for residential - cum - commercial complex scheme - Earlier same land sought to be acquired by invoking urgency provisions under Section 17 for multi - speciality hospital but later on given up - Such fact alone not sufficient to draw inference that acquisition not bona..........
Land Acquisition Act, 1894, Section 4 -- Publication of substance of notification - Land owners not illeterate villagers tilling land - Notification published in five daily newspapers - Such wide publicity cannot be presumed to have escaped attention of land owners when large scale acquisition being made - Fault being found in publication of substance of notification -..........
Land Acquisition Act, 1894, Section 3(b), 30, 4 -- Acquisition of land - Sitting tenant has a right in the land acquired - Covered by definition in Section 3(b) of person interested - Has interest in amount of compensation of acquired land - Compensation if received by land owners - Tenant can only lay a claim on apportionment of compensation - Cannot challenge acquisition..........
Land Acquisition Act, 1894, Section 9, 3(c) -- Collector means Collector of the District and includes Deputy Commissioner and any Officer specially appointed by Government to perform functions of Collector - Collector as agent of State Government competent to acquire land for the State...........
Summary proceedings -- Relationship of landlord and tenant - Can be decided by such Court - However, the decision will not operate res judicata and be open to challenge in a subsequent suit. (Punjab Security of Land Tenure Act, 1953, S.77)...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 10A -- Landlords small land owners - If the landlords are small land owners, tenant is not entitled to protection of S.10A of the act...........
Punjab Land Revenue Act, 1887, Section 118(3) -- Withdrawal from partition by applicant for partition - Discretion lies with Revenue Officer to grant permission to withdraw from partition or not - Revenue Officer can permit to withdraw from partition on such terms and conditions as he thinks fit - Right to withdraw from partition - Not absolute - Section 118(3) gives right..........
Punjab Land Revenue Act, 1887, Section 116, 118 -- Non-inclusion of certain land in partition proceedings - Objection as to - Should be raised when question relating to property to be divided under Section 118 decided at the time of preparation of mode of partition...........
