Land Acquisition Act, 1894, Section 23 -- Determination whether land under acquisition had potential of being converted into industrial/commercial/residential use - Land situated within municipal limits, road to another town towards North, Kacha Rasta towards South, Raj bah towards West-North, Bus Stand across the road towards Eastern corner and Abadi of town at a distance..........
Constitution of India, 1950, Article 226 -- Challenge to orders passed by Consolidation Officer and Director Consolidation-Whether the plot allotted to the petitioner was suitable for Abadi purpose or not-Question of fact-Cannot be gone into in writ jurisdiction-Authorities under the Act committed no illegality or impropriety in passing impugned orders-Cannot be treated as..........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 4, 158(2) -- Partition-Conversion of agricultural land into Abadi-Plea that partition cannot proceed as the area has been partly turned into Abadi area, later conversion of land into Abadi has to be taken into account and therefore only Civil Court has jurisdiction to order partition-Not tenable-A..........
Punjab Village Common Lands (Regulation) Act, Section 2(g)(4a) -- Vacant site within abadi deh-Comes within `shamilat deh' as per Section 2(g)(4a) vide Act 23 of 1973...........
Punjab Village Common Lands (Regulation) Act, Section 13, 2(g)(4a) -- Exclusion of site within abadi deh from definition of shamilat deh-Jurisdiction of Civil Court barred-No suit for partitioning of such land can be filed by any person...........
Punjab Village Common Lands (Regulation) Act, Section 2(g) -- Vacant site within abadi deh-Jamabandi as per ownership column show Gram Panchayat as owner and in column of cultivation none of the names of any of the appellants or of any other proprietors is recorded-Can be taken that no part of land in dispute in possession of appellants-Such area comes within definition of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4A), 13 -- Land recorded as Abadi Deh in Jamabandi- Prima facie included in definition of Shamilat Deh under Section 2(g)(4-a) - Vested in Gram Panchayat- Shamilat Deh includes vacant land situated in Abadi Deh or Gora Deh not owned by any person - Section 13 is complete bar to entertainment or adjudication..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4A), Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Suit under Order 1 Rule 8 for possession by way of partition of land - Land recorded as Abadi Deh Ghair Mumkin in revenue record - Gram Panchayat a necessary party when land formed part of Shamilat Deh - Gram Panchayat not made a party - Cannot be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4a) -- As inserted by Haryana Act 23 of 1973 - Wholly meaningless-Not permissible to substitute word "owner" by word "possession" to give some meaning to newly inserted clause-Only vacant land situate in Abadi Deh and Gora Deh not owned by any person which is included in definition of Shamilat Deh by virtue..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 4, 158(2), Civil Procedure Code, 1908, Section 9 -- Partition - Agricultural land converted into residential plots and houses constructed thereon and proved to be Abadi - Does not fall within definition of land - No jurisdiction with Revenue Officer to partition such land as it ceased to be..........
