Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 5659 days in filing appeal - Land acquisition proceedings - Claimants were negligent in pursuing the reference and then in filing the proposed appeal - Most of the claimants have accepted the decision of reference Court - More so, in the event the petitioners have not been substituted and made party to the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 5659 days in filing appeal - Land acquisition proceedings - Claimants were negligent in pursuing the reference and then in filing the proposed appeal - Most of the claimants have accepted the decision of reference Court - More so, in the event the petitioners have not been substituted and made party to the..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of orders of Supreme Court - Land acquisition proceedings - Statement was made by counsel that in view of increase in price, Authority may not be in a position to pay compensation - Supreme Court ordered that authority was free to release the land as it was not in a position to pay the compensation -..........
Adverse possession -- Mere wrong possession of defendant for a period more than 12 years without intention to possess the suit land adversely to the title of plaintiff and too little knowledge cannot result an acquisition of title by defendant to encroached suit land...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deduction for development charges - While determining deduction for development charges, Courts should keep in mind the nature of land, area under acquisition, whether land is developed and to what extent, purpose of acquisition etc...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - While determining market value of large chunk of land, value of smaller pieces of land could be taken into consideration, however, after making appropriate deduction in the value of lands or setting apart land required for carving out roads, leaving open spaces, plotting out smaller plots etc...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value of acquired land - High Court duly considered all sale instances and has relied upon sale instances of 1991 and 1992 which were close proximity to the date on which lands in question were acquired - Cut of one third was imposed by High Court - Assessment of market value so..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Relief of grant of land/compensation qua acquired land can be adjudicated, decided and determined by Land Acquisition Officer in terms of Land Acquisition Act only - Civil Court has no jurisdiction over such relief...........
Adverse possession -- Proof of long standing unauthorized possession can only be a relevant trait for consideration of plea for acquisition of title by adverse possession but cannot be sole criteria - In case of failure to prove adverse possession, any other form of possession howsoever, long, cannot be held sufficient to non-suit plaintiff in his prayer for possession of..........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - Dispute relating to apportionment of amount determined towards compensation can only be determined by Principal Civil Court of original jurisdiction...........
