Punjab Town Improvement Trust Act, 1922, Section 38, 42, 59, Land Acquisition Act, 1894, Section 23, 28 -- Acquisition of land under PTI Act - Determination of compensation - Held, provisions of L.A. Act would be applicable for determination of compensation to land acquired under PTI Act...........
Land Acquisition Act, 1894, Section 3(b), 18, 50 -- `Person interested' - Meaning - Land acquired at the instance of DDA - Held, DDA would be termed as `person interested' within meaning of S.3(b) of the Act - Hence entitled to participate in proceedings before Land Acquisition Collector and also entitled to notice and opportunity to lead evidence before Reference Court -..........
Land Acquisition Act, 1894, Section 11 -- Land acquisition - Compensation - Market value - Sale instances sought to be relied by the land owner executed prior to the date of issuance of the notification u/s 4 of the Act - However, notification was already in existence - Sale instances relate to small tract of non-agricultural land - Held, such sale deeds cannot be said to..........
Land Acquisition Act, 1894, Section 11 -- Land acquisition - Compensation - Market value - Land acquisition of agricultural land - Sale deeds of agricultural lands converted into non agricultural one and sold after plotting in small pieces - Held, such sale deeds cannot be said to be a safe guide for the purpose of determination of the market value of the present lands...........
Civil Procedure Code, 1908, Section 9, Chhattisgarh Land Revenue Code, 1959, Section 257, 170A -- (as amended by Amending Act 18 of 1984) - Occupancy rights - Determination - Jurisdiction of Civil Court - Claim that Bhumiswami right is created upon appellant's brother - Revenue Officer is empowered exclusively to determine and decide matter u/s 170A of 1959 Code -..........
Stamp Act, 1899, Section 47A -- Bond - Executed on stamp paper of Rs.15/- and registered - Audit objection - Show cause notice to recover stamp duty of Rs.12.73 lacs on the basis of audit objection chargeable on bond - Sub Registrar holding objection of audit party as justified - Petitioner filed suit for permanent injunction to put restrain on Sub Registrar and Collector..........
Punjab Town Improvement Trust Act, 1922, Section 59 -- Land Acquisition - Amendments in Land Acquisition Act - Applicability - As far as the amendments introduced in the Acquisition Act, 1894 relating to determination and payment of compensation u/s 23(2) and 28, as amended by the Amendment Act, 1984, would be applicable to the acquisitions under the State Acts and Section..........
Punjab Town Improvement Trust Act, 1922, Section 36, Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Determination of market value of large area - Relevancy of sale instances of small area - When a large area is acquired and generally when sale instances of only small area of land have been produced in evidence, sale prices deserve to be moderated to come..........
Land Acquisition Act, 1894, Section 28A -- Scope - Provision gives a chance to the land owner, who may not have applied u/s 18 of the Act for determination of market value by Court to seek re-determination of the amount of compensation, if any other similarly situated land owner succeeds in persuading the Reference Court to fix higher market value of the acquired land...........
Land Acquisition Act, 1894, Section 28A(3) -- A person who is not satisfied with an award made u/s 28A(2) can make an application to the Collector u/s 28A(3) for making a reference to the Court - This right cannot be frustrated merely because as a result of re-determination made u/s 28A(2) read with Section 28A(1) the applicant becomes entitled to receive compensation at..........
