Land Acquisition Act, 1894, Section 17, 5A, 4, 6 - - Acquisition for providing house-sites to Harijans and Backward Classes - Urgency provisions invoked dispensing with applicability of Section 5-A - Notifications under Sections 4 and 6 published simultaneously in Official Gazette - No serious effort made by State to take possession of land for nearly three months - Stay..........
Northern India Canal and Drainage Act, 1873, Section 30FF -- Restoration of demolished watercourse - Case under Section 30-FF made out inasmuch as petitioner using demolished watercourse for more than 20 years and watercourse demolished by respondent - Canal Authorities bound to order restoration of demolished watercourse - Cannot make excuse of alternative arrangement..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Civil Court decree not final and matter still pending in appeal - Question whether land is or is not shamlat deh - Civil Court has no jurisdiction to entertain and adjudicate upon the question - Decree passed by Civil Court before enforcement of substituted Section 13 by Act 2 of 1981 - Does not make any..........
Land Acquisition Act, 1894, Section 18, 12(2), 9, 31(2) -- Compensation received without protest under award which later on quashed by Court at the instance of interested persons - Notice about fresh award - Necessary - Notice under Section 12(2) not issued regarding fresh award as compensation already received without protest under earlier award - Reference application..........
Requisitioning and Acquisition of Immovable Property Act, 1952, Section 8, 11, 12, Requisitioning and Acquisition of Immovable Property Rules, 1953, Rule 10 -- Arbitrator under the Act - Virtually has trappings of a Civil Court - Supposed (o write a judgment like a Civil Court- Arbitrator should record reasons in support of his conclusions after discussing evidence so that..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8(1) - - Relative scope of - Transfer effected on or before 30th July, 1958 by big landowner possessed of surplus area under Punjab Law or Pepsu Law - To be given effect to - Surplus area stands reduced to the extent of area transferred - Transfer effected after 30th July, 1958 - To be ignored - Clause (b) of Section..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7, 7A -- Procedure of ejectment - Not dealt with by the Act - Continues to be same as provided in Punjab Tenancy Act - Two alternative methods : (i) suit before a Revenue Court, and (ii) Summary proceedings in shape of notice of ejectment having regard to Sections 42(b), 43 and 45 Punjab Tenancy Act - Tenant to be..........
Punjab Land Reforms Act, 1972, Section 9(1) -- Land of wife clubbed with that of her husband in surplus area determination - Notice under Section 9(1) issued to husband alone to surrender surplus area - Not sufficient - Before deciding matter regarding delivery of surplus area - Notice to wife under Section 9(1) - Necessary...........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, 4 -- Suit challenging sale not to effect reversionary rights - Compromise that sale be cancelled, vendee be deemed mortgagee and land can be redeemed after 5 years - Decree granted in terms of compromise - Not usual declaratory decree that sale not to effect reversionary rights - Resultant effect of decree : no sale,..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 14(1), 43A -- Assistant Collector ordered correction of Khasra Girdawari entries after issue of Notification under Section 14(1) and consolidation proceedings started - Objection that after declaration made by State Government under Section 14(1) power to correct error in revenue record..........
