Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of Joint Land - One party proceeded ex-parte - Partition proceedings completed - Possession delivered - Parties using there respective shares - Orders challenged - Party failed to show in what manner injustice cause to them by partitioning of land - No rights infringed - No intereference..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing - Government land adjacent to land of complainant allotted to a member of Schedule Tribe - Land not belonging to complainant - Complainant not having any grievance - It appears that FIR is lodged with a view that land should not go to a member of schedule tribe - FIR quashed...........
Punjab Land Record Manual -- Para 9.9 - Change of Khasra Girdawari after judgment of Civil Court - Order challenged on the ground that D.C. not competent to change entries when petitioner shown in possession of land in Khasra Girdawari as well as jamabandi - Civil Court holding respondent No. 4 in possession - Judgment attained finality - No irregularity or illegality..........
Constitution of India, 1950, Article 226, 300A, Land Acquisition Act, 1894, Section 5A -- Hearing of objections - Duty of Govt. - Scope of consideration - Sec. 5A confers valuable rights having flavour of fundamental rights under Article 14 - LAC duty bound to objectively deal with objections and pass reasoned order to justify acquisition - Hearing of objections must be..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 5A, 6A -- Notification u/s 4 for acquisition of land - Objections u/s 5-A filed by land owners - Objection dismissed - LAC passed recommendation order 'it is proper to aquire the land' - Dismissal of objection without application of mind and without giving opportunity of hearing to land owners..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6, Works of Defence Act, 1903, Section 3, 7(b) -- Restriction regarding use and enjoyment of land - Colourable exercise of power -Land acquired for residential & commercial purpose - Challenged - Acquired land situated within vicinity of explosive are of Air Force Station - Notification u/s 3..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6 -- Notification for acquiring land - Land allotted to 'Mahavir Chakra Awardee' as a reward for gallantry shown during wars - Once Govt. had allotted the land in recognition of service to nation, it would be vary unfair on its part to take it back by acquiring the same afterwards. (Para18)..........
Land Acquisition Act, 1894, Section 4, 6, Forest (Conversation) Act, 1890, Section 2 -- Forest Land - Notification for acquiring land - Challenged - Relying on Apex Courts judgments in Supreme Court Monitering Committee (1997) 11 SCC 605 & T.N. Godawarman Thirumulkpad etc. AIR 1997 SC 1228 it is contended that land developed as forest could not be used for other purpose..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6 -- Notification for acquiring land for Residential and Commercial purpose - Challanged - Notification quashed on following courts - (i) Objection u/s 5-A not disposed of in accordance with law (ii) Purpose of Acquisition cannot be achieved because acquired land is within vicinity of Air..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 8.3 -- as applicable to Haryana - Sale of shamlat land - Policy/instructions of Govt. - Petitioners in unauthorized possession of panchyat land - Gram Panchayat passed resolution recommending sale of said land - DC and Commissioner declined sale of land - Challenge in writ petition - Clause `e' of policy stipulates..........
