Hindu Law -- Alienation of coparcenary land - Legal necessity - Alienation by father - Son was prosecution witness against father in a criminal case - Alienation made by father including the share of the son cannot be said to be bonafide and for legal necessity...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 14(1), Delhi Holdings (Consolidation and Prevention of Fragmentation) Rules, 1959, Rule 6 -- Consolidation of holdings - Issuance of notification for making scheme for the same - Petitioner challenging order of consolidation on ground that he has not been allotted land in extended abadi..........
Land Acquisition Act, 1894, Section 48, 6, 4 -- Land acquisition - Release of land - Landowners whose land is acquired by following prescribe procedure cannot claim as a matter of right for release of their land from acquisition - However, where State Govt. releases some land than landowners who are similarly situated have right of similar treatment from State Govt...........
Land Acquisition Act, 1894, Section 48, 6, 4 -- Land Acquisition - Release of land from acquisition of some of the landowners - Applicants also sought release of their land - State denied the same by relying upon some policy framed later on - Neither this policy nor any other policy was ever followed by State Govt. when it earlier released land of some of the landowners..........
Land Acquisition Act, 1894, Section 48 -- Land acquisition - Release of land from acquisition - State Govt. can exercise this power and to exercise this power no condition is prescribed except that it must be exercised before possession of acquired land is taken - There is no prescribed procedure for exercise of this power...........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Land earlier released from acquisition - Once the land is released, then it cannot be acquired for the same purpose unless it is shown by cogent evidence that there is change in circumstances...........
Land Acquisition Act, 1894, Section 6 -- Declaration - Limitation - Exclusion of certain period - Period of three years stands automatically extended by that much of period during which stay was in operation...........
Land Acquisition Act, 1894, Section 6 -- Declaration - Limitation - Exclusion of period of stay - Stay order granted whereby State restrained from issuing declaration u/s 6 of the Act - Effect of stay upon person who were not party to challenge - Held, stay is automatically extended to all those land owners whose land was covered under the same notification u/s 4 whether..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Declaration u/s 6 - Declarations can be issued piecemeal and it is not necessary to issue one single declaration for whole of the area which is covered under notification issued u/s 4 of the Act...........
Land Acquisition Act, 1894, Section 6 -- Declaration - Quashed at the instance of some of the land owners - Benefit of quashment not extended to appellant or other landowners, who had not approached the Court, although their land was acquired under same notification...........
