Land Acquisition Act, 1894, Section 23, 18 -- Land acquisition - Compensation - Market value - Comparable sale - No sale deed of area in question which can provide an exemplar for fixing market value of land, produced by appellants - Court can indulge in some reasonable guesswork to balance equity for fixing just and fair market value - Government notifications issuing..........
Assam Land and Revenue Regulations, 1886, Section 3, 4, 63, 69, 70, 72, 74, Assam Land and Revenue Regulations, 1886, Rule 133, 134, 135, 136, 136A, 141, 154, 155, Constitution of India, 1950, Article 226, 227, 300A -- Auction sale - Non-service of notice - Well reasoned finding of fact recorded by Board - Non-service of notice of sale of land was binding on writ court,..........
Assam Land and Revenue Regulations, 1886, Section 72, 74, Assam Land and Revenue Regulations, 1886, Rule 133, 134 -- Notice of Sale - Mandatory on part of State to serve proper notice to person, who is liable to pay any kind of State's dues and mandatory to give prior notice to defaulter for recovery of dues before his properties put to sale...........
Assam Land and Revenue Regulations, 1886, Section 72, 74, Assam Land and Revenue Regulations, 1886, Rule 133, 134 -- Notice of Sale - Distinction between Non-service of notice and Notice though served but with some kind of procedural irregularities in serving - In former cases, all consequential action, if taken would be rendered bad in law once fact of non-service is..........
Assam Land and Revenue Regulations, 1886, Section 69, 70 -- Sale of Land - It was necessary for State to have justified their action by showing that sincere attempt was made to first sell moveable as per procedure prescribed in S.69 and when it was noticed that it was not possible to recover arrears by sale of all attached moveable's, extreme step of recovery of arrears by..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6, 11 -- Acquisition of land - Non-payment of compensation - Award made 5 years prior to the date of commencement of 2013 Act - Neither physical possession of the land taken nor compensation paid to appellant -..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Period of 5 years - S.24(2) of Act does not exclude any period during which land acquisition proceedings might have remained stayed on account of stay or injunction granted by any court - Period of 5 years u/s 24(2) of Act is absolute and unaffected..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering in peaceful possession of plaintiff - Suit land belonged to Gram Panchayat and not to private defendants, which fact is not even denied and disputed by defendants - Title in form of `Pattas' were issued in favour of plaintiffs - Said `Pattas' hold the field for which..........
Maharashtra Regional and Town Planning Act, 1966, Section 49, 127 -- Acquisition of land - Release of - Neither steps taken by authorities nor land purchased under purchase notice - Even, appellant was not allowed to use land for last more than 20 years - Appellant cannot be deprived from utilizing his property for indefinite period - Land released...........
Adverse possession -- Total no, speaking observation and finding in respect of adverse possession which is a substantial issue cannot be accepted and proceeded - Impugned order to that extent quashed - Matter remitted back for reconsideration only in respect to some specific plots however no interference warranted in the findings recorded with regard to grove land as..........
