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Judgment Search Results Home > Cases Phrase: the land acquisition punjab amendment act 1969 Year: 1981 Page 1 of about 52 results (0.110 seconds)

Feb 06 1981 (HC)

Kartar Kaur and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-06-1981

Reported in : AIR1981P& H146

..... land acquisition for payment by way of compensation had bee withdrawn by it from the said collector. thus to my mind now it does not lie in the mouth of the trust to say that it had not abandoned the scheme as notified by the government. further the learned counsel concedes that prior to the coming into force of the punjab town improvement (amendment) act ..... , 1974, (punjab act no. 7 of 1974) which brought about a proviso to section 40 with effect from april 3, 1974, to the following effect:--'provided that no scheme shall be ..... or bylaw includes the power to add amend or vary or rescind the same, yet mr. r. k. aggarwal, learned counsel for the trust forcefully maintains that under the act the trust could not abandon the scheme. the reasoning advanced in support of this stand is that by virtue of section 59 of the act, the land acquisition act, 1894 as modified by the schedule to ..... light of the supreme court judgment in nagpur improvement trust v. vithal rao, air 1973 sc 689, that it is the government which acquired the land under the provision of the land acquisition act as modified by the act though it is doe for the purposes of the trust. so far as the framing of the scheme is concerned it is the trust which does .....

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Feb 09 1981 (HC)

Rama Nand Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Feb-09-1981

Reported in : AIR1982P& H26

..... punjab security of land tenures (amendment) act, 1959, which was published on 19th january, 1959, was minus the words 'and save in the case of land acquired by the state government under any law for the time being in force or by an heir by inheritance'. therefore, before the amending act, 1939, the utilization of the surplus area was not affected even by inheritance or by acquisition of land ..... any land sold to the state government by private treaty would not be ..... by the state government under some law. but after the amendment, the saving clause operated in favour of an heir by inheritance and the ..... mota singh v. the financial commissioner, punjab, 1963 pun lj 140, wherein it was held as follows :--'section 10-a(b) of the punjab security of land tenures act saves only those lands which are acquired by the state government under any law for the time being in force, which necessarily must refer to lands acquired under the land acquisition act or any other similar statute. thus .....

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Jul 16 1981 (HC)

Maya Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-16-1981

Reported in : AIR1981P& H384

..... these appeals. 3. the development scheme framed under the act necessarily has to provide for acquisition of the land as envisaged under s. 28 of the act. the land is acquired under the provision of the land acquisition act, 1894 as amended by the punjab town improvement act. the various amendments brought about in land acquisition act are contained in the schedule to the improvement act, cl 2 of which reads as under:-- '2( ..... 1). the first publication of a notice of any improvement scheme under section 36 of this act ..... was not drawn to this aspect and the case was decided on the assumption that the order sanctioning the scheme amounted to a declaration under s. 6 of the land acquisition act. there is some substances in the contention of the learned counsel because according to clause 2 of the schedule reproduced above it is the publication of the notification under ..... ss. 41 and 42 of the punjab act. clause 2 of the schedule in the u. p. act was in the identical terms as the one in the schedule of the punjab act. the notification under s. 32(1) of the u. p. act of 1966 was published on may 3, 1969 while under s. 36 of the prior act on march 13, 1965. it was .....

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Oct 30 1981 (HC)

Jamita Ram and ors. Vs. Collector of Kangra District

Court : Himachal Pradesh

Decided on : Oct-30-1981

Reported in : AIR1982HP53

..... stale of haryana v. man singh, air 1978 punj and har 27, in support of his contention. in the states of punjab and haryana the land acquisition act stands amended by the addition of sub-section (3) to s, 18 which is word for word the same as in this state. it ..... 3) of section 18 of the act:'18. (1) any person interested who has not accepted the award may, by written application to ..... 2) of section 18 of the act, the court, therefore, found that the reference was not made within time and refused to answer the same,3. at this stage it may be advantageous to read section 18 along with the amendment made by the land acquisition (himachal pradesh amendment) act, 1979, adding sub-section ( ..... , con-tends that this judgment is not applicable in this state because of addition of sub-section (3) in section 18 of the land acquisition act (the act), before i analyse the law i may briefly refer to the facts of one case since similar facts are involved in other cases,2. ..... the collector, require that the matter be referred by the collector for the determination of the court, whether his objection be to the measurement of the land .....

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Feb 23 1981 (HC)

indo Swiss Time Limited Vs. Umrao and ors.

Court : Punjab and Haryana

Decided on : Feb-23-1981

Reported in : AIR1981P&H213

..... to the proceedings. there will however be no order as to costs.p.c. jain, j.33. the state of haryana initiated the acquisition proceedings under section 4 and 6 of the land acquisition act (hereinafter referred to as the act), for the public purpose of setting up a wrist watch manufacturing factory by the petitioner-company of m/s indo swiss time ltd., in ..... rendered under ss 11 and 12 of the act. if the matter is not carried any further on behalf of the parties, the acquisition proceedings virtually culminate. this would conclude the first stage of the proceedings.15. however, if the landowners claimants (and in the punjab and haryana the state as well by virtue of specific amendment) choose to challenge the award of the ..... counsel for the parties are agreed that the issue being identical, this judgment would govern all of them.4. the state of haryana initiated the acquisition proceedings under ss. 4 and 6 of the land acquisition act (hereinafter called the act) for the public purpose of setting up a wrist watch manufacturing factory by the petitioner-company of m/s. indo swiss time ltd., in ..... judgment in preference to the later one observed as follows (at p. 1602) :-'*** now there can be no doubt that these 'observation made in smt kamal soni's case, air 1969 nsc 186 are plainly in contradiction of what was said by this court earlier in sarvate t. b.'s case 1966 mplj 26. it is obvious that the decision in .....

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Nov 27 1981 (HC)

Khangaram and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-27-1981

Reported in : 1981WLN(UC)413

..... second calcutta case, mukarji j., referred to the above two decisions of the supreme court--(i) raja harishchandra raj singh v. deputy land acquisition officer : [1962]1scr676 and, (ii) the state of punjab v. mst. coisar jahan begum : [1964]1scr971 and observed that on the interpretation as has been taken by the supreme court ..... post facto and a notice of a fait accompli, namely it is a notice of an award already made. section 12(2) of the land acquisition act provides;the collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when ..... and opportune time to give an award. such a line of thinking and the course of conduct is alien to the scheme and intendment of the land acquisition act.12. reference was made to the two decisions, one of the supreme court in ambalal v. ahmedabad municipality : [1968]3scr207 and, another decision ..... by the government, it was observed that 'the government can not say that it will keep the notification issued under section 4(1) of the land acquisition act alive and, at the same time, wait for the result of the proceedings under the ceiling laws, so as to ultimately opt for the more ..... such of the persons interested as are not present personally or by their representatives, when the award or the amendment thereof is made. thus, for the purpose of section 12 of the act, the award would be taken to have been made on april 6, 1973. though, for the purpose of section .....

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Mar 16 1981 (HC)

Teja Singh Vs. Union Territory of Chandigarh and ors.

Court : Punjab and Haryana

Decided on : Mar-16-1981

Reported in : AIR1982P& H169

..... does not include any proceeding under art. 226 of the constitution.' 9. so far the explanation, which has been added to section 141 by the amendment act is concerned, it may be observed that it has only set at rest the controversy which had arisen earlier regarding the interpretation of the words ' ..... he was not allocated to the union territory of chandigarh. on that basis he has no cause to challenging his reversion to the state of punjab.38. for the forgoing reasons the present petition is barred on the principle of res judicata as the earlier petition was got dismissed by him ..... a permanent employee of the union territory of chandigarh and after his allocation to this territory he could not be sent to the state of punjab.34. the respondents in their written statements have contested the position taken by the petitioner and have averred that he was only on deputation ..... thereafter, the appellant filed a writ petition in which rule nisi was issued and return was filed by the under secretary to the government of punjab. at the time of hearing an objection was raised that in view of the dismissal of the earlier petition bearing on the same subject, ..... appellant. in the case of third acquisition which took place in july, 1953, cash compensation was not paid. the appellant approached the authorities for payment of compensation. in the meantime, after the introduction of the displaced persons (compensation and rehabilitation) act, 1954, allotment of land to the appellant which was till then .....

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Aug 17 1981 (HC)

State of Haryana and ors. Vs. Chandgi

Court : Punjab and Haryana

Decided on : Aug-17-1981

Reported in : AIR1982P& H262

..... unutilized and later acquired by the central government would vest under s. 12 (3) in the state government notwithstanding the acquisition by the central government. similarly land purchased by a tenant under the provisions of s. 18 of the punjab security of land tenures act would vest in the state government under s. 12 (3) notwithstanding the purchase by the tenant. so also, in the ..... it be said, in the view that we are taking, that it was repealed by necessary implication. section 12 (3) was introduced by way of amendment by act xvii of 1976. by section 1 (2) of the amending act, it is deemed to have come into force on 23-12-1972. a harmonious way of construing ss. 8 and 12 (3) would be to ..... -12-1972 which are protected by s. 8 (1) of the act, namely (1) acquisition of land by the state or central government, (2) acquisition by a tenant under the pepsu law or the punjab law, or (3) acquisition by an heir by inheritance. other transfers of land in excess of permissible area under the punjab law or the pepsu law would be protected if the transfers were ..... s. 8 (1) (a) it was argued. would not be saved if they were made after the declaration of surplus area or tenant's permissible area under the punjab security of land tenures act.'the aforesaid submission on behalf of the petitioner was dealt with by the bench thus (at pp. 228, 229):'the provisions of ss. 4 and 8, particularly s. 8 .....

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May 29 1981 (HC)

Charanjit Lal Vs. Ram Sarup and ors.

Court : Punjab and Haryana

Decided on : May-29-1981

Reported in : AIR1982P& H44

..... by the landowner shall not be pre-emptible under the punjab pre-emption act and no decree of pre-emption passed after the commencement of the said act in respect of any such sale of land shall be executed by any court. this provision in the land tenures act was introduced by the punjab security of land tenures (amendment) act, 1959 with the object of preventing the ejectment of the ..... tenants in a circuitous way which would be evident from the following statement of the objects and reasons contained in the bill :--'it has come to the notice of government that land-owners who are not competent to ..... hand, argued that once the land stood transferred to the tenant in exercise of his right of ..... contended that the provisions of section 17-a of the land tenures act save only the sale made in favour of tenant and the same cannot be extended to acquisition of the property acquired by a tenant in exercise of his right of pre-emption under the punjab pre-emption act (hereinafter called the pre-emption act). the learned counsel for the tenant, on the other .....

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Mar 16 1981 (HC)

Haqiqat Singh Vs. the Additional Director, Consolidation of Holdings, ...

Court : Punjab and Haryana

Decided on : Mar-16-1981

Reported in : AIR1981P& H204

..... 8, 1959, this aspect of the matter was noticed and pointed out. those cases, of course, related to the interpretation of section 42 is it stood prior to its amendment through punjab act no. 27 of 1960. in the earlier case, when an argument to the effect that repartition to which objections were objections were invited by the consolidation officer under the ..... prior to the time of its making the application before the additional director on august 31, 1977, the petitioner had never objected to the use of the passage through his land to reach the kurrah of the respondent. it was always believed that the said passage had been provided for by the consolidation authorities in their records. only when it ..... completion of the consolidation proceedings such an interpretation, according to the learned counsel would introduce an element of indefiniteness and uncertainly so far as the right of the person whose lands had been subject to consolidation proceedings are concerned.4. to examine the weight and validity of the first submission of the learned counsel, i find it necessary to analyes ..... on august 31, 1977, this respondent filed an application under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948(for short, the act) for the provision of a link passage to the said kurrah or block of land. the additional director, consolidation of holdings, punjab, after giving due notice and hearing to the petitioner, provided the requisite passage to the .....

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