Land Acquisition Act, 1894, Section 4 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........
Constitution of India, 1950, Article 226 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........
Public Temple and Private Temple -- Temple constructed on land vesting in plaintiff - No evidence when the temple constructed and who constructed - Defendants working as Pujari for last 60-70 years - Temple accessible to public at large and run by donations given by public - Proprietary rights of suit property vests in deity i.e. Moorti - Held, temple has acquired the..........
Trust -- Private or public - Factors relevant are : (1) If the beneficiaries are ascertained individuals; (2) If the grant has been made in favour of an individual and not in favour of a deity; (3) The temple is situated within the campus of the residence of the donor; (4) If the revenue records or entries suggest the land being in possession of an individual and not in..........
Adverse Possession -- Pleading and proof - Defendants admitted that they came in possession of suit property on permission of owner - However, defendants pleaded that they have acquired title by adverse possession also - Held, since their entry in suit land was on the basis of permission, defendants were required to plead and prove as to when they started denying title of..........
Punjab Village Common Land (Regulations) Act, 1961, Section 7 -- Common land - Unauthorized occupants - Eviction - All State Governments directed to prepare such scheme which provide for speedy eviction of illegal occupants, after giving him a show cause notice and brief hearing - Such illegal occupation for long duration or huge expenditure in making constructions is not..........
Punjab Village Common Land (Regulations) Act, 1961, Section 7 -- Common land - Unauthorized occupants - Letter permitting regularization of possession of unauthorized occupants is not valid - Such authorization is wholly illegal and without jurisdiction - Such illegalities cannot be regularized...........
Punjab Village Common Land (Regulations) Act, 1961, Section 7 -- Common land - Unauthorized occupants - Common interest of the villagers cannot be allowed to suffer merely because the unauthorized occupation has subsisted for many years...........
Punjab Village Common Land (Regulations) Act, 1961, Section 7 -- Common land - Unauthorized occupants - Compounding - Should only be allowed where the land has been leased to landless labourers or members of Scheduled Castes/Scheduled Tribes, or the land is actually being used for a public purpose of the village e.g. running a school for the villagers, or a dispensary for..........
Punjab Village Common Land (Regulations) Act, 1961, Section 7 -- Common land - Allotment of Gram Sabha land to private persons and commercial enterprises on payment of some money - Held, such Government orders are illegal, and should be ignored...........
