Northern India Canal and Drainage Act, 1873, Section 30D(4) -- Determination of market value of land acquired for implementation of Scheme - Divisional Canal Officer under Section 30-4(D) primarily to play role of a Land Acquisition Court - Proceedings before Divisional Canal Officer in the nature of judicial proceedings - Order of Divisional Canal Officer must meet tests..........
Punjab Urban Estate (Development and Regulation) Act, 1964, Section 11A -- As introduced by Punjab Act 18 of 198i - Scope of - Does not postulate issuance of any notice prior to passing of order of cancellation of allotment - Sub-section (1) of Section 11-A does not provide for any opportunity being given to allottee prior to passing of order cancelling allotment in his..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 43 -- Limitation for application for restoration of possession of land - Not prescribed - Period of limitation prescribed by Section 50 Punjab Tenancy Act - Not applicable - No period of limitation would apply to application under Section 43 - Punjab Tenancy Act, Section 50...........
Redemption of Mortgages (Punjab) Act, 1913, Section 12 -- Suit for possession by way of redemption filed within one year of Collector's order dismissing application for redemption - Suit barred by limitation as filed after 30 years from date of mortgage - Section 12 does not enlarge period of limitation fixed for redemption - Plea that plaintiff entitled under Section 14..........
Injunction -- Right to carry water through Khal (water course) on ground of easement by prescription - Finding that plaintiffs enjoyed use of water course for the last more than 20 years peacefully as of right and without any interruption - No change or alteration made by plaintiffs in the Khal to carry water from tube-well instead of water from well - Immaterial whether..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, 4, 9, 10 -- Elaborate inquiry regarding objections - Does not render order of Collector without jurisdiction - Dismissal as time-barred redemption application - Collector's order not without jurisdiction and cannot be said to be nullity - Kaka Singh's case 1982 P. L. J. 134 Over-Ruled - Collector dismissed on merits..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3) -- Before any surplus land can automatically vest in State, there has to be a legal order declaring said land as surplus - Absence of such order - No surplus land can obviously vest in State Authorities. - Order of Collector declaring surplus area in 1959 set aside by Financial Commissioner in 1964__ Nothing could..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 22, 12(3) -- Surplus area allotted in 1976 - Allottees initiated proceedings under Section 22 with allegations of having been dispossessed by landowners who were wrongly and unauthorisedly continuing in possession of surplus land - Revenue Authorities accepted it and directed landowners to deliver possession of allotted..........
Land Acquisition Act, 1894, Section 54, 50 -- Appeal by Corporation/ Company against Award of Land Acquisition Court - Not competent - No locus standi of Corporation/Company to prefer appeal as no lis between Corporation/Company and landowner/claimants - Mere fact that Corporation/Company impleaded as a respondent does not entitle it to prefer appeal against Award of Land..........
Punjab Security of Land Tenures Act, 1953, Section s, 14A(i), 9(1)(ii) -- Claim for compensation - No obligation on Assistant Collector to ask tenant to file a claim for compensation - Smt. Ganeshi Devi's case 1975 P. L. J. 195 Dissented from in Baldev Parkash's case 1978 P. L. J. 311 - Provisions of Section 70 Punjab Tenancy Act not applicable to proceedings under the Act..........
