Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), Constitution of India, 1950, Article 226, 227, Punjab Security of Land Tenure Rules, 1956, Rule 6 -- Punjab Security of Land Tenures Act, 1953 - Land declared surplus without notice to tenant - Rule 6 of 1956 Act casts statutory obligation on Collector to serve notice on interested persons - Held, order declaring..........
Punjab Land Reforms Act, 1972, Section 8, 11(7), 28, Punjab Security of Land Tenures Act, 1953, Section 5B -- Exparte order of surplus area after remand - Death of landowner not brought to notice of Commissioner - Impugned order by Collected dated 23.5.1968 after report of refusal on summons - Dismissal of appeal as time barred and on merits - State delivered possession of..........
Punjab Security of Land Tenures Act, 1953, Section 2(5A), 21, 24 -- Land of Gram Panchayat - Declared surplus - Order illegal & void-ab-initio - Land of Gram Panchayat cannot be declared surplus -Order or subsequent proceedings arising out of the order not sustainable, void-ab-initio and nonest in the eye of law...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6), Punjab Security of Land Tenures Act, 1953, Section 21, 24 -- Illegal order - Effect & Consequences - Land of Gram Panchayat declared surplus in 1961 - Compensation paid and received by Gram Panchayat - Land subsequently allotted by Government to various persons in 1976 - First installment deposited by the..........
Punjab Security of Land Tenures Act, 1953, Section 24, Punjab Tenancy Act, 1887, Section 84, Haryana Ceiling on Lands Holdings Act, 1972, Section 33(2) -- Determination of surplus area - Proceedings pending under Punjab Act, 1953 - Case adjourned sine die - Ceiling Act, 1972 comes into being - Surplus area will be determined under the Punjab Act, 1953...........
Punjab Security of Land Tenures Act, 1953, Section 2(3)(ii) -- Allotment of land - Temporary or Final - Distinction - `Allotment' includes temporary allotment - No difference between temporary or final allotment. 1965 PLJ 110 relied...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Land declared surplus in the year 1960 under Punjab Security of Land Tenures Act, 1963 - Landowner in the year 1965 sold 93K 11M land from the land declared surplus - Vendee further sold 63K 12M land in 1966 -Sale pre-empted vide decree dt. 11/12/1967 - Out of 63K 12M of land, 33K 4M allotted to eligible persons in..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18, 19 -- Correction of orders - Power of review - Land declared surplus under Punjab Security of Land Tenures Act vide order dated 18.10.1972 - Surplus area further allotted -Application u/s 19 for correction of said order on the ground (i) that part of land declared surplus was gifted by the owner prior to her death in..........
Punjab Security of Land Tenures Act, 1953, Section 8, Punjab Tenancy Act, 1887, Section 59 -- Dholi tenure vis-s-vis Occupancy tenure - Distinction - Dohli Tenure not same as occupancy tenure - Occupancy tenure is capable of sale carrying with it pre-emptory obligation to offer it in the first instance to landowner - No such obligation in Dholi tenure - Occupancy rights..........
Punjab Security of Land Tenures Act, 1953, Section 5A, 5B, 18 -- Fresh selection of permissible area - Declaration u/s 5-A not filed by landowner - Authorities selected 480 kanals permissible area u/s 5-B - Area declared surplus in 1966 - Orders not challenged - Subsequently landowner through his GPA sold his permissible area to tenants u/s 18 - After 18 years orders..........
