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Judgment Search Results Home > Cases Phrase: the land acquisition punjab amendment act 1969 Court: punjab and haryana Page 1 of about 500 results (0.058 seconds)

May 10 1988 (HC)

Balraj Ahuja Vs. State of Punjab

Court : Punjab and Haryana

Reported in : AIR1989P& H273

..... , compensation is to be determined and given.9. by the constitution (forty-fourth amendment) act, 1978, with effect from june 20, 1979, article 31 relating to compulsory acquisition of property was omitted. the decision of the supreme court in air 1977 sc 915 in which the validity of the punjab land reforms act, 1972, was upheld on the basis of arts. 31a, 31b and 31c was ..... the learned counsel. article 31 only conferred or recognised powerof compulsory acquisition of property on thestate and while conferring ..... delivered on jan. 27, 1977 prior to the deletion of article 31 by the constitution (forty-fourth amendment) act, 1978.10. according to ..... .8. the scope of clauses (1) and (2) of article 31 and constitution (fourth amendment) act, 1955, introducing clause (2a) of article 31 was considered by the supreme court in state of gujaratv. shantilal mangaldas, air 1969 sc 634, and it was held that the principal effect of the amendment was to snap the link, which according to the supreme court in a prior .....

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Jan 18 1995 (HC)

JaIn Singh and Others Vs. State of Haryana

Court : Punjab and Haryana

Reported in : AIR1995P& H243; (1995)109PLR614

..... above, i am of the considered view that :(i) section 2 of the punjab village common lands (regulation) haryana amendment act, 1992, haryana act no. 9 of 1992, vide which addition has been made to the definition contained in section 2(g) of the punjab village common lands (regulation) act, 1961 (hereinafter called the principal act) is ultra vires the constitution of india, (ii) section 3 of the haryana ..... constitution alleged to have been violated :--article 31 a 'saving the laws providing for acquisitionof estates, etc. :-- (1) notwithstanding anything contained in article 13, no law providing for - (a) the acquisition by the state of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over the management of any property by the state for ..... . g. mahajan v. state of maharashta, air 1977 sc9i5, state of bihar v. pratap singh, air 1979 sc 164, state of gujarat v. shanti lal, air 1969 sc 634 and bhagat ram v. state of punjab, air 1967 sc 927.43. 'state' is well understood as defined by article 12 of the constitution of india. it is further well established that no ..... by the learned counsel for the petitioners which are enumerated below:78. satish chandra anand v. union of india, air 1953 sc 250, dhulabhai v. state of m.p., air 1969 sc 78, addl. commr. of income-tax, gujarat v. surat art silk cloth . v. union of india, air 1980 sc 1789, madhav rao scindiav. union of india, air 1971 sc .....

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Mar 13 1975 (HC)

Devinder Kaur Vs. Ludhiana Improvement Trust, Ludhiana Through Its Cha ...

Court : Punjab and Haryana

Reported in : AIR1975P& H241

..... has been constituted to decide whether the mode of determining compensation prescribed by the amendment in the provisions of section 23 of the land acquisition act, 1894 (hereinafter referred to as the acquisition act), by section 59 of the punjab town improvement act (hereinafter referred to as the improvement act), results in discrimination where the land of a citizen is acquired for the purposes of the improvement ..... act. another point for consideration is whether the non-provision of a right of appeal ..... was bound to award in addition to the market value 15 per cent, solatium under section 23(2) of the land acquisition act. but by acquiring the lands under the land acquisition act as modified by the schedule to the madras city improvement trust act 37 of 1950 for the improvement trust which also is a public purpose, the owners are, it is claimed, ..... of the iii division bench. the learned judge directed that the eight writ petitions before him should also be placed before that bench. thus nine writ petitions (nos. 3276 of 1969, 2319, 2474, 2523, 2609, 2611, 2612, 2629 and 3013 of 1970) came up for hearing before the bench consisting of d. k. mahajan and gopal singh, jj. .....

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Mar 28 2001 (HC)

Jawan Vs. Mewa Singh

Court : Punjab and Haryana

Reported in : AIR2001P& H344

..... to the amendment act and not the principal act'.31. the objects of the act of 1955 have been detailed, once again, by the supreme court in inder singh and others v. the state of punjab and others, 1968 plj 33. the same are stated to be (a) to secure the rights of tenants; (b) to provide for acquisition of proprietary rights in the land to the ..... force on the 30th october, 1956. the words 'this act' in section ..... act, i.e., it shall be effective from the date when principal act came into force. this interpretation of section 32kk was not held to be correct by the apex court in arjan singh and another v. the state of punjab and others, 1969 rlr 82, wherein it was observed that 'on a reading of the various provisions of the pepsu tenancy and agricultural lands (amendment ..... and validation) act, 1962, it appears that the legislature intended that section 7 of the amendment act introduced into the principal act section 32-kk should be deemed to have come into .....

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May 26 1961 (HC)

Jaishi Ram Goel and ors. Vs. State of Punjab, Through Secretary, Indus ...

Court : Punjab and Haryana

Reported in : AIR1962P& H177

..... not a very illuminating one. however, it is stated that the land was being acquired for public purpose at public expense, the compensation for which would be paid from ..... being done by circumventing the entire provisions contained in part vii of the act which alone were applicable in this case. the part of the notification directing that the provisions of section 50a shall not apply as also the exercise of powers under section 17 as amended by the land acquisition (punjab amendment) act, 1953, have been challengedthe written statement filed on behalf of the state is ..... by the present petition under article 226 of the constitution they have challenged the acquisition proceedings relating to the aforesaid land.(2) a notification dated 16th february 1961 was issued by the punjab government under section 4 of the land acquisition act, 1894 (hereinafter called the act), wherein it was stated that the land in question was likely to be required by the government at public expense for .....

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May 22 1996 (HC)

Zulafkar Ali Malik Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : (1996)114PLR179

..... section 17, special powers have been conferred upon the competent authorities to take possession of the land needed for public purpose even before an award is passed. section 17(2) has. been amended by punjab act no. ii of 1954. the object of the land acquisition (punjab amendment) act, 1954 is to extend the scope of section 17 to cases which are not covered by the central enactment. for ..... the purpose of this case, it will be useful to quote section 17(1) and 17(2) of the act as it stands after punjab amendment.'17. special powers in ..... evident that the government is empowered to invoke urgency clause for acquisition of land meant for educational purpose. legislature has given a statutory recognition to the urgent requirement of ..... ors., j.t. 1996(3) s.c. 60 an acquisition of land for providing house sites to the poor was held urgent necessity requiring exercising of power under section 17(4). in taking the view, the supreme court relied on clause 2(b) of section 17 of the act as it stands amended by the punjab amendment acts, 1954 and 1956.14. from these decisions, it is .....

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Feb 02 1996 (HC)

Gian Chand and ors. Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : (1996)113PLR366

..... question of law that arises for determination is as to whether, by reason of coming into operation of land acquisition (amendment) act, 1984 (for short 'the amendment act) with effect from september 24, 1984, proviso to section 42 of the punjab town improvement act, 1922 (for short 'the punjab act') added vide pa 13 of 1982 has become void and thereafter no declaration and notification under section 42 of ..... petition with regard to the legality of proviso to section 42 of the punjab act vis-a-vis the land acquisition act, which is a central act, it is worth while to examine the various provisions of the punjab act vis-a-vis the amendment act.7. the punjab act came into force on october 29, 1922. the act, as the preamble discloses, was enacted with a view to make provision ..... for the improvement of certain areas.8. chapter ii of the punjab act deals with the ..... , shall be made after the expiry of three years from the date of the publication of the notification;or(ii) published after the commencement of the land acquisition (amendment) act, 1984, shall be made after the expiry of one year from the date of the publication of the notification;provided further no such declaration shall be made unless the .....

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Feb 27 1974 (HC)

Swatantra Land and Finance Private Ltd. Vs. the State of Haryana

Court : Punjab and Haryana

Reported in : AIR1975P& H52

..... act now makes it clear that the collector, while passing anv order on an application for reference, whether making ..... the provisions since made in subsections (2-a). (2-b) and (3) of section 18 of the act by the pun.iab legislature. sub-sections (2-a) and (2-b) were inserted in the act bv the land acquisition (punjab amendment) act no. 17 of 1962 while sub-section (3) was added by the land. acquisition (puniab amendment) act no. ii of 1954. sub-section (3) of section 18 of the ..... . air 1969 pat 131 and after considering the conflict of iudicial opinion held in paragraph 17 of the report :--'on a consideration of the entire matter, such as the relevant provisions of the act, and the decisions of the different high courts, it will be clear that the majority of the high courts are in favour of this view that a land acquisition judge ..... not for consideration before the learned single judge.41. the matter came up twice before the supreme court in state of punjab v. mst. qaisar jehan begum. air 1963 sc 1604 and the state of u. p. v. abdul karim. (1969) 2 scwr 579 in which the conflict of judicial opinion in the high courts was noticed but not resolved. the latter .....

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Mar 25 1974 (HC)

Raghbir Singh Vs. the Union of India

Court : Punjab and Haryana

Reported in : AIR1974P& H321

..... could not be allowed at a rate higher than 4 per cent, in view of the amendment in sections 28 and 34 of the act made by the land acquisition (punjab amendment) act, 1953, (punjab act no. 2 of 1954), which came into force on january 9, 1954, and from ..... the money for payment as compensation. admittedly, the rate of interest applicable to the state of punjab from 1954 onwards till the amendment was made by the land acquisition (haryana amendment) act, 1967, was 4 per cent, per annum and, therefore, the collector could not award more ..... the figure '4' in both these sections. the rate of interest was again raised 6 per cent, per annum by the land acquisition (haryana amendment) act, 1967, which came into force with effect from july 1, 1967. it, therefore, follows that interest at the rate of ..... of the land ..... act, ignoring the amendment made by the punjab legislature in 1954. in my opinion, there is no substance in this argument. the rate of interest has to be paid in accordance with the provisions of sections 28 and 34 of the act as applicable to the state in which the acquired land is situated. it has no concern with the government for which the acquisition .....

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May 29 1996 (HC)

Sadhu Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1996)114PLR273

..... . k.k. chopra, air 1988 sc 2036 and7. state of punjab v. gurdial singh, air 1980 sc 319.9. section 17(2) of the act which has been invoked by the respondents for acquisition of land has been amended by the land acquisition (punjab amendment) act. 1954 and land acquisition (punjab amendment) act, 1956. these amendments are very significant because they have widened the purpose of urgency clause contained ..... in section 17. for the purpose of this order, it will be useful to quotesections 17(1) and 17(2) as these are applicable to the state of punjab in the amendment form ..... was urgently required. therefore, it cannot be said that the government had acted arbitrarily be invoking the urgency clause, more so, when by the punjab amendment, the legislature has conferred much more wider power on the government to invoke urgency clause for acquisition of land. we, therefore, do not find any substance in the contention of shri ..... object in view, the government issued notification dated 18.12.1992 under section 4 read with section 17(2)(c) of the land acquisition act, 1894 (for short, 'the act') for acquisition of 120-kanals of land. this notification was published in the gazette dated 25.12.1992. subsequently, it was opined by the department of legal and .....

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