Punjab Development of Damaged Areas Act, Section 13 -- Solatium on compensation for land acquired under the Act - No provision for grant of solatium under Punjab Development of Damaged Areas Act or Punjab Town Improvement Act - Solatium payable on compensation as landowners cannot be discriminated against - Punjab Town Improvement Act, Section 59..........
Land Acquisition Act, 1894, Section 9(3), 9(1), 4, 6, 17(2) -- Statute demands specific observance of mandatory provisions of Section 9(3) of additional service of notice on occupier - Compliance of Section 9(1) by itself nothing - Incumbent on Collector, besides taking other steps, to serve notice for filing claims to compensation on occupier - Non-issuance of notice..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 4, 8, 9 -- Tenant's permissible area - Not recognised in Haryana Act - No separate permissible area required to be demarcated for tenants under Haryana Act - Section 8 has nothing to do with rights of tenants - Protects rights of State Government to surplus area and prevents reduction in surplus area by transfers - Plea..........
Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 13 - - Notice of resumption in terms of Section 13(3) issued straightaway asking transferee to show cause why site be not resumed and amount paid forfeited - Void ab initio - Notice under Section 13(3) can be issued only after transferee failed to comply with order passed under Section 13(2) - No..........
Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 13 - - Validity of - Amendments knock down the very basis of Division Bench judgment in Dharam Pal's case 1978 P. L. J. 396 which struck down Section 13 as unconstitutional - Existing provisions of Section 12 omitted as a result of amendment - Section 13 as reframed made operative with retrospective..........
Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 13 - - Scope of - First a notice to show cause within 30 days why penalty be not imposed - After considering cause shown by transferee and giving him due opportunity of being heard and for reasons to be recorded in writing order can be made directing transferee to pay amount due along with penalty..........
Punjab Security of Land Tenures Act, 1953, Section s - - Landowners had to resort to proceedings under Section 14-A(ii) to recover rent from tenants - Deposits made by tenants on applications of landowners - Initiative not taken by tenants but by landowners - No satisfactory explanation as to why no steps taken by tenants to deposit rent regularly at appropriate time -..........
Land Acquisition Act, 1894, Section 23(1A) -- Rise in market price of land at 12% per annum - Nothing in the sub section to indicate that Parliament assumed this - Amount payable under subsection (1A) nothing to do with determination of market value of acquired land - Amount payable under sub section (1A) in addition to market value of acquired land...........
Land Acquisition Act, 1894, Section 18, 53 -- Dismissal in default of reference under Section 18 - Without jurisdiction - Liable to be restored in exercise of inherent powers - Court cannot dismiss reference case for default - A land acquisition reference case cannot be dismissed for default on no, appearance of claimant - Neither Order 9 Rule 8 read with Section 141 Civil..........
Land Acquisition Act, 1894, Section 18 -- Application for restoration of petition under Section 18 after 3 3/4 years of its dismissal - Statement made in Court about date of knowledge - Absence of any rebuttal - Application filed within 30 days from date of knowledge - Within limitation...........
