Rajasthan Colonisation Act, 1954, Section 22, 24 -- Bar of civil suit - Encroachment of Govt. land - A.M.D. of District passing order for removal of the same - Suit for permanent injunction claiming title on ground of adverse possession - Suit is not barred - Determination of suit claim is outside purview of summary mode of eviction under S.22 - Power and procedure under..........
Haryana Urban Development Authority Act, 1977, Section 13 -- Encroachment on open spaces and public land - Removal of - Section 13 empowers competent authority to remove encroachments from open spaces and public land...........
Haryana Panchayati Raj Act, 1994, Section 177, 175 -- Disqualification on ground of illegal possession of Gram Panchayat land - Only way to prove encroachment on land vested in Gram Panchayat - To have finding to that effect under Punjab Village Common Lands (Regulation) Act - Photostat copy of Demarcation Report - Not per se admissible - Without finding of encroachment..........
Haryana Panchayati Raj Act, 1994, Section 51 -- Removal of Sarpanch - Charge of not initiating action for removal of encroachment from Panchayat land - Plea that firstly unauthorised occupation does not pertain to period of Sarpanch and secondly litigation in this respect already in progress and matter sub - judice before Civil Court - Not tenable firstly as duration of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining Municipal Committee from demolishing wall and taking possession of land inside the Kothi - Land in dispute came under Town Planning Scheme for purposes of a road and a park and as such vested in Municipal Committee - Vendor of plaintiff given notice of..........
Civil Procedure Code, 1908, Section 91 -- Public nuisance - Grant of injunction, mandatory and perpetual - Allegation of wrongful construction affecting public way - Person who allegedly made encroachment was in possession of disputed land for more than 25 years - Suit for injunction by person neither claiming title in himself nor filed suit under authority of owner of..........
Transfer of Property Act, 1882, Section 108 -- Encroachment by tenant of adjoining vacant land of landlord - Presumption is that land encroached upon are added to tenure for benefit of tenant so long as tenancy continues - Tenant cannot acquire title to encroached land by adverse possession but obtain only right of tenancy under landlord - Tenant is obliged to hand over..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- as amended in Haryana State - Gram Panchayat filed application alleging encroachment by petitioner upon a portion of Panchayat land - Petitioner claimed that land said to be encroached belongs to him - Question of title arises - Remedy available to petitioner to file petition under old provisions of Section 13 - A..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- Encroachment on Shamlat land-Assistant Collector ordered wall to be removed and order upheld in appeal by Collector-Order of Assistant Collector does not - (i) indicate data collected during spot inspection, (ii) what help he had taken to ascertain dimensions in order to consider the encroachment, if any, (Hi)..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- Encroachment on public street, removal of by demolishing a part of building constructed on the street-Petitioners in answer to allegations denied encroachment and submitted that they are in possession of residential house from time immemorial and are owners of premises-Plea that as petitioners had claimed title of..........
