Punjab Land Reforms Act, 1972, Section 5, 4 - - Area declared surplus not utilised before enforcement of Punjab Land Reforms Act - Landowner entitled to select a separate unit for each adult son - Objection that as land transferred before commencement of Punjab Land Reforms Act, landowner cannot be considered owner of transferred land and therefore no question of selection..........
Punjab Land Reforms Act, 1972, Section 5(1), 4 -- Selection by landowner of a separate unit for each adult son when surplus area declared under Punjab Security of Land Tenures Act remained unutilised - Denial on the ground land transferred through a Civil Court decree before commencement of Act and landowner cannot be considered owner of land - Cannot be sustained - Either..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g) -- Eviction of unauthorised occupant or a member of proprietary body from land which belongs to proprietary body of village reserved for common purposes and administration vested in Panchayat under Consolidation Act - Not competent under Section 7 - Such land does not form part of Shamilat Deh within..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Principles of res judicata - Applicable to proceedings under Section 7 - Earlier application of Gram Panchayat for ejectment of D and B from Khasra No. 11/3/1 measuring 1 Kanal 16 Marlas dismissed by Assistant Collector 1st Grade - Later application by N for ejectment of D and his son A being in unauthorised..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954 -- Inferior evacuee land - Allotment of certain inferior evacuee land in light of Government Instructions No. 7841-JN(IV)-61/2688 dated August 29, 1961 - Cancellation of allotment by Deputy Commissioner primarily on the ground that allotment made by Allotment Committee and not by Deputy Commissioner who alone..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 9(2), 4(3), 3(q), 3(c) -- Instructions dated 9th October, 1973 - Crucial date for determining majority of son of landowner for purposes of eligibility for a separate unit of land - Appointed day i. e. 24th January, 1971 - Not date of enforcement of Act i. e. 23rd December, 1972...........
Punjab Town Improvement Trust Act, 1922, Section 44A - - Development Scheme prepared under Section 24 read with Section 28(2) - Scheme not completely executed within a period of 5 years from date of notification under Section 42(1) in Government Gazette - No extension granted by State Government - Agreement to sell land to University did not fructify into a completed sale..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 21 -- Person in possession (not claiming ownership or title in land in dispute) of certain Khasra numbers without any right - Not interested person within meaning of the Act - Not entitled to notice or hearing - Unless a person (in possession of land) has title as a landowner or a..........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition, whether question of title involved - Mutation sanctioned on the basis of Civil Court decree - Appeal pending in High Court - Question of title involved - Judgment of Civil Court not final as appeal pending in High Court - No order of High Court staying partition proceedings - Does not mean no question of title..........
Land Acquisition Act, 1894, Section 28, 34 -- Interest on enhanced compensation - From date of dispossession on amount of compensation not paid or deposited in Treasury on or before date on which acquiring authority took over possession of acquired land - Gurdial Singh's case 1977 P. L. J. 391 D. B. Reversed by Supreme Court in Joginder Singh's case A. I. R. 1985 S. C. 382..........