Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........
Judicial service -- Misconduct - Withholding of 70% of pensionary benefits - Appellant had misconducted himself while discharging his duties as a judicial officer and had passed judicial orders in utter disregard of specific provisions of law to unduly favour subsequent purchasers of acquired lands, who had no right to claim compensation and that such orders were actuated..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of acquisition proceedings - Subsequent purchaser is not entitled to claim lapsing of proceedings under the Act...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of acquisition proceedings - Finding that compensation was not offered to land owners and therefore deposit in Court cannot be regarded as payment of compensation to land owners is not tenable...........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Deposit of entire sale consideration with additional 10% of the sale consideration, alongwith pre-emption application is a statutory and mandatory requirement and it is a pre-condition before any further enquiry as contemplated u/s 9 of the Act is held - Non compliance of said mandatory provision would..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Non-deposit of entire sale consideration with additional 10% of sale consideration - Pre-emptors contended that they did not deposit said amount because they bonafidely believed that sale consideration mentioned in sale deed is in favour of vendee who is an outsider, was higher than actual sale consideration..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Contention regarding non-deposit of entire sale consideration with additional 10% of sale consideration by pre-emptors, raised first time before Supreme Court and therefore same be not permitted to be raised now - Said contention would go to root of matter on maintainability of pre-emption application as..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Determination of market value - Market value cannot be assessed by applying suitable deduction in the market value of land acquired by a subsequent notification...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Reference Court has awarded compensation of Rs.4 lakhs per acre in respect of land situated in another village acquired vide same notification - Such determination has not been appealed against either by land owners or by State - High Court rightly relied upon such determination to assess market..........
Constitution of India, 1950, Article 300A -- Utilization of land - Non-payment of compensation - Construction/widening of road no doubt would be a public purpose, but there being no justification for not paying compensation, action of respondents would be arbitrary, unreasonable and clearly violative of Art.300-A of Constitution...........
