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Judgment Search Results Home > Cases Phrase: the land acquisition east punjab amendment act 1948 Page 1 of about 2,349 results (0.119 seconds)

Feb 02 1961 (SC)

Satinder Singh and ors. Vs. Amrao Singh and ors.

Court : Supreme Court of India

Reported in : AIR1961SC908; [1961]3SCR676

..... of equitable apportionment which had been recognised by s. 32 of the land acquisition act of 1894 has in effect been added by this amending act. 4. in 1953 the punjab requisitioning and acquisition of immovable property act, 1953 (xi of 1953), came into force. section 24 of this act repeals the to earlier acts of 1948 and 1951, and after this act came into force it was the provisions of this ..... under s. 4 of the land acquisition act, 1894, on march 23, 1948. by this notification the state government declared its intention to acquire land in the ambala district for the construction of the new capital for east punjab. no action was, however, taken in pursuance of this notification. meanwhile the punjab legislature passed the east punjab requisition of immovable property (temporary powers) act, 48 of 1948. under the provisions of this ..... . at this stage it would be convenient to refer to the relevant provisions of the statute under which the present proceedings have been taken. in 1948 the relevant punjab statute was east punjab act, 48 of 1948. section 2 of the said act deals with the requisitioning of property, and s. 3 empowers the state government to acquire requisitioned properties. section 5 prescribes the principles according to .....

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May 15 2007 (SC)

Chairman, Indore Vikas Pradhikaran Vs. Pure Industrial Cock and Chem. ...

Court : Supreme Court of India

Reported in : AIR2007SC2458; 2007(4)MPHT1(SC); 2007(8)SCALE110; (2007)8SCC705; 2007AIRSCW4387; AIR2007SC2458; JT2007(7)SC352;

..... . in that case, it was held by the majority that where the state government had, under section 41(1) of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, delegated its appellate powers vested in it under section 21(4) to an 'officer', an order passed by such an officer was an order passed by the state government itself ..... 61. in hindustan petroleum corporation ltd. v. daius shapur chenai and ors. : air2005sc3520 , construing section 5a of the land acquisition act, this court observed:6. it is not in dispute that section 5a of the act confers a valuable right in favour of a person whose lands are sought to be acquired. having regard to the provisions contained in article 300a of the constitution, the ..... for sanction by the corporation cannot be blamed for delay but during pendency of its application for sanction, if the state government, in exercise of its rule-making power, amended the building rules and imposed restrictions on the heights of buildings on g.t. road and other wards, such settled expectation has been rendered impossible of fulfilment due to change ..... in the notification dated 12.08.1977. they were included only in the notification issued by the district planning committee.95. the district planning committee, however, issued another notification amending the planning area to 90 villages only and deleting 62 villages from its earlier notification.96. there cannot be any doubt whatsoever that even a delegatee exercises its power relying .....

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Feb 01 1983 (HC)

Biru and anr. Vs. Suraj Bhan and ors.

Court : Punjab and Haryana

Reported in : AIR1983P& H347

..... considers proper. (4) any person aggrieved by the order of settlement officer (consolidation under sub-section (3), whether made before or after the commencement of the east punjab holdings (consolidation and prevention of fragmentation) second amendment and validation act, 1962, may within sixty days of that order, appeal of the assistant director of consolidation. (5) to (7) xxx xxx '42. the state government may ..... lr 515.8. again by way of analogy, reference may be made to a claim for the enhancement of compensation by way of an application under section 18 of the land acquisition act, by only one of the co-owners, having joint and undivided interest therein. it has been authoritatively held by the division bench in ch. kehar singh v. union of india ..... s.s. sandhawalia, c.j.1. whether proceedings under section 21 and 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 envisage that each one of the co-sharers who have joint and indivisible rights must be impugned as a party and individually served therein is this spinal question which has ..... to highlight that we are called upon to consider this issue (formulated in the opening part of the judgment) within the specific confines of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948(hereinafter the called the act). that this statute is part of a larger scheme of progressive agrarian legislation, does not seem to be in doubt. its primarily object as manifest .....

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Jul 09 1952 (HC)

Dr. Jagat Ram Sud Vs. the State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1953HP5

..... chowdhry, j.c. 1. this is an appeal by one dr. jagat ram sud, hereinafter referred to as the claimant, under section 5(1)(f) of the east punjab requisitioning of immovable property (temporary powers) act (xlviii of 1948).2. a three storeyed building, situate in sanjauli, simla known as the jagat niwas, consisting of two shops in the ground floor and two residential sets ..... be made applicable. the use of the words 'shall have regard' and 'so far as the same can be made applicable' clearly shows that while the said provisions of the land acquisition act were to serve as a guide, it was open to the arbitrator to adapt them to the facts and circumstances of the case. that being so, the arbitrator in the ..... that therefore the award must be set aside in toto. this argument has no force in view of the enactment of the punjab requisitioning of immovable property (amendment and validation) act,, 1951, on 15-9-1951. under section 3 of this latter act the words 'for a public purpose' were inserted, and were deemed always to have been inserted, in sub-section (1) of ..... requisition made before its commencement was, unless the contrary be proved, to be presumed to have been made for a public purpose under the requisitioning act as so amended. neither party seeks to take advantage of the words 'unless the contrary is proved' by contending that the present requisition was not made for a public purpose. that being so, .....

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Jul 15 1994 (SC)

Yogendra Pal and Others Vs. Municipality, Bhatinda and Another

Court : Supreme Court of India

Reported in : AIR1994SC2550; JT1994(4)SC376; (1995)109PLR338; 1994(3)SCALE296; (1994)5SCC709; [1994]Supp1SCR693

..... statutes and the land acquisitions made thereunder are declared void with retrospective effect. we, therefore, propose to declare that the concerned provisions of the two enactments would be void from the date of this decision.14. this judgment will not prevent the respondent-state governments from suitably amending section 192(1)(c) of the punjab municipal act and section 203( ..... ground of attack based on the alleged violation of article 14 was that the land could be acquired under the land acquisition act, 1894, the punjab town improvement act, 1922 and also under section 192(1)(c) of the act. if the land is acquired under the former two statutes, the land-owner was entitled to the compensation at the market rate whereas if the ..... right holders on pro rata basis. the appellant contended that as he was a small land-holder holding land within the ceiling limit and some land under his personal cultivation had also ..... is obviously misplaced.in ajit singh's case (supra), the facts were that some land was owned by the gram panchayat which was used for common purposes. in a consolidation scheme of the village under the provisions of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, some further area was reserved for common purposes after applying cut on all the .....

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Mar 26 1957 (HC)

Harindar Singh Vs. the State of Punjab

Court : Punjab and Haryana

Reported in : AIR1957P& H209

..... of some importance, namely whether compensation in respect of property acquired under the provisions of the east punjab requisitioning of immovable property (temporary powers) act, 1948, should res paid in accordance with the provisions of the land acquisition act, 1894 or under the immovable property act, 1953.2. on 23rd february 1951 the state government issued a notification under the provisions of ..... bench of this court a question arose whether compensation should be paid in accordance with the provisions of the act under which the land was acquired or under the provisions of the punjab requisitioning of immovable property (amendment and validation) act of 1953. the division bench were in some doubt as to the answer that should be given to ..... this question and they have propounded the following question for decision by a larger bench :'whether in the circumstances of this case compensation for acquisition of property should be paid in accordance with the principles laid down in the east punjab ..... enact a remedial or curative measure known as the punjab requisitioning of immovable property (amendment and validation) act 1953, which came into force on 15th april 1953.the new act defined the circumstances in which property can be acquired; it validated requisitions and acquisitions which had been made under the act of 1948, and it declared that in determining the amount .....

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Sep 15 1967 (SC)

Deputy Commissioner and Collector, Kamrup and ors. Vs. Durga Nath Sarm ...

Court : Supreme Court of India

Reported in : AIR1968SC394; [1968]1SCR561

..... it in another without reference to any agrarian reform. in ranjit singh v. state of punjab : [1965]1scr82 , the court held that the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 as amended by act no. 27 of 1960 was protected by art. 31a, as the general scheme of the act was definitely agrarian reform and under its provisions something ancillary thereto in the interests of ..... had to be undertaken to give full effect to the reforms. in p. v. mudaliar v. special deputy collector, madras : [1965]1scr614 , the court held that the land acquisition (madras amendment) act, 1961 providing for the acquisition of lands for housing scheme was not a law with reference to any agrarian and was not protected by art. 31a. in the light of these decisions, we must ..... . in p. v. mudalair v. dy. collector : [1965]1scr614 , the court held that the land acquisition (madras amendment) act, 1961 providing for the acquisition of lands for housing schemes and laying down principles for fixing compensation different from those prescribed in the land acquisition act was violative of art. 14. discrimination between persons whose lands were acquired under housing schemes and those whose were acquired for other purposes could not .....

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Aug 14 1970 (HC)

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1971Ker98

..... latest of these decisions brought to our notice is air 1969 sc 453. 44. the ceiling area under the amended act is lower than the ceiling area under the original act. it is contended that, in so far as the amended act provides for the acquisition of land within the original ceiling area (namely, of the difference between the two ceiling areas), the second proviso to clause ..... it in another without reference to any agrarian reform. in air 1965 sc 632 the court held that the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, as amended by act 27 of 1960; was protected by article 31-a, as the general scheme of the act was definitely agrarian reform, and under its provision something ancillary thereto in the interest of rural economy had ..... fair rent when fixed will operate from the date of the application and therefore the result of the reduction made by the amended act will be that the rent payable to the landlords for the period before the acquisition of their lands will be reduced, any rent paid in excess of the fair rent as determined being adjusted by reason of section 72-o ..... to be undertaken to give full effect to the reform. in p. v. mudaliar v. spl. dy. collector. air 1965 sc 1017 the court held that the land acquisition (madras amendment) act, 1961, providing for acquisition of lands for housing scheme was not a law with reference to any agrarian reform and was not protected by article 31-a 99. that the .....

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Dec 10 1952 (HC)

Sadhu Singh and ors. Vs. the Financial Commissioner Relief and Rehabil ...

Court : Punjab and Haryana

Reported in : AIR1954P& H241

..... contravenes the provisions of the evacuee property act. in other words, the provisions of the east punjab requisitioning of immovable property (temporary powers) act --8 of 1948. as amended by act 11 of 1951 cannot be used for the purpose of requisitioning or acquiring properties which fall within the purview of the evacuee property act.30. in lieu of lands which were owned by the petitioners ..... for the province of the east punjab had passed the requisitioning act by virtue of the powers vested in that legislature by entry no. 9 of the provincial legislative list. 7th schedule. government of india act, 1935. on 15-9-1951. fast punjab act no. 11 of 1951 was passed to provide for the validation of requisition and acquisition of certain immovable property under ..... is not in my opinion evacuee property and as none of the sections of the evacuee property law are interfered with or contravened by the provisions of the east punjab acquisition ing and requisitioning act, there is no case made out for the exercise of the supervisory jurisdiction of this court on this score. 32. it was then submitted that the ..... or the prohibition against transfer by the evacuee or the powerof the central government to exempt propertiesfrom evacuee laws is interfered with by the provisions of the acquisition ing and requisitioning act.31. the advocate-general submitted that thepetitioners' interest in the property is one of useand occupation which may not be disturbedexcept in accordance with certain conditions. .....

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Jul 02 1952 (HC)

NaraIn Dass and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1953P& H193

..... to the life of the communityto requisition the property detailed in theschedule.now, therefore in exercise of the powers provided by the east punjab requisitioning of immoveable property (temporary powers) act, 1948, read with punjab requisitioning of immoveable property (amendment and validation) ordinance, 1951, and delegated to me, i direct the requisition of the said property and do further order ..... when a finding has been come to by the requisitioning or acquiring authority that the requisitioning or acquisitioning is for a public purpose, whether thecourts can enquire into that question. section 9(2), east punjab requisitioning of immoveable property (temporary powers) act, 1948, in terms excludes the jurisdiction of the civil courts to call in question proceedings taken or orders ..... before the aforesaid executive officer vacates the aforesaid property and (iii) no structural alterations shall be made to the building comprised in the aforesaid property without my permission. land known as ahata suran, situated near. police station sadar, at present occupied by kessi dass narain dass.' 3. the submission of the petitioners is that the ..... an indefinite period and illegal and unenforceable because the building standing on the land has not been requisitioned.in their reply the respondents' have pleaded that the buildings put up by the petitioners were unauthorised and against the provisions of the punjab municipal act, that in the suit referred to it has been held that the petitioners .....

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