Court : Supreme Court of India
Decided on : Aug-12-1993
Reported in : AIR1994SC169; 1993(3)SCALE371; (1994)1SCC92; Supp1SCR667
..... with special leave petition in which following order was passed:leave granted limited to the question as to whether the limitation provided in proviso to section 6 of the land acquisition act introduced by the amending act of 1967 is also applicable in the facts of this case in view of u.p. avas & vikas adhiniyam.from the order granting leave extracted above it is ..... the land acquisition act except sub-section (1) of section 4, section 5 and sub-section (2) of section 17 are bodily incorporated in the bombay act. those provisions are deemed to be part and parcel of the bombay act in terms of appendix i20. in mahendra & mahendra ltd. v. union of india and anr.  2 scr 1038, the monopolies & restrictive trade practices act, 1969 ..... it was held that it is only by reference. in bhatinda improvement trust's case section 59(b) of the punjab town improvement act, 1992 provided that the land acquisition act may be subject to further modification us indicated in the schedule to the said act. schedule ii (clause 1) provided the procedure for publication of the notification under section 36 as provided under sub-section ..... by section 55 thereof incorporated the grounds specified in section 100 of the c.p.c., 1907 as its part to file second appeal against the order made by the commission. it was contended that section 100 as amended in f976 amendment act would apply, as the commission was empowered to amend or revoke at any time in .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-19-1993
Reported in : 1994(2)BomCR502; (1994)96BOMLR992
..... ; and (c) whether fresh application for re-determination is necessary after high court's order in appeal. 4. section 28-a of the land acquisition act was brought into the statute book by way of amendment under the provisions of land acquisition (amendment) act, 1984. it reads thus :'28-a. re-determination of the amount of compensation on the basis of the award of the court.---(1) where ..... to him for fresh decision in the light of the observations made. the court had observed that the land acquisition collector had not understood the scope of section 28-a as the application was ..... to section 18 of the act.from time to time various aspects of this matter and interpretation of section 28-a fell for consideration before different courts.9. in the decision of jagdish ram v. state of haryana, 1991 1a.c.c. (p.&h.;) 381, the punjab and haryana high court set aside the order of the land acquisition collector and remanded the matter ..... the award of the district court is not acceptable.10. in another decision in jagdish raj v. state of punjab (through the land acquisition officer 1991 l.a.c.c. (p.&h.;) 43, a division bench set aside the order of the land acquisition collector. the land acquisition collector rejected the application filed on behalf of the widow and legal heirs of jagdish raj on the ground .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Jun-10-1993
Reported in : (1993)47ITD72(Pune.)
..... it serves to clarify the meaning from the inception of the statute. he also referred to the decision of the supreme court in the case of collector, land acquisition v. mst. katiji air 1987 sc 1353 wherein it has been held that the court is not to legalise the illegal.in these circumstances, he vehemently urged ..... , the hardship is also a continuing hardship. the reason for the hardship is not far to seek. section 272a has been substituted by direct tax laws (amendment) act, 1987 with effect from 1-4-1989 under which the quantum of penalty has been fixed at not less than rs. 100 but which may extend to rs ..... tax deductible or collectible at source with effect from 1-4-1989, i.e., on the day when section 272a has been substituted by direct tax laws (amendment) act, 1987 with effect from 1-4-1989 when hardship has been caused statutorily. in this connection, reliance is placed on the judgment of the patna high court ..... not specified and therefore, it is non est. he referred to the judgment of the supreme court in the case of k. satwant singh v. state of punjab air 1960 sc 266 quoted by the supreme court in the case of maya rani punj v. cit  157 itr 330 : 24 taxman 1 for the ..... the appellants could be said to have been ignorant of the provisions requiring filing of annual returns under section 206. even the amended form no. 16, though it came into force from 1-4-1969, the assessees could not have become aware of such rules, unless it is brought to their notice by the concerned counsels .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-29-1993
Reported in : (1993)104PLR603
..... these judgments, facts have been taken from regular first appeal no. 2368 of 1991.2. the punjab government issued a notification under section 4 of the land acquisition act (for short the 'act') on august 6, 1973, for acquisition of land measuring 35 acres, 1 kanal and 10 marlas in village panchanwali, tehsil fazilka, district ferozepur. the ..... 's award in the present case is dated 27 9.1989 that is, after 30,4.1982. the appellants are entitled to all the statutory benefits of the amended provisions of sections 23(1a), 23(2) and 28 of the land acquisition ..... available. no more development is called for. so in view of the law laid down by the supreme court in bhagwathula samanna v. special tehsildar and land acquisition officer, visakhapathnam, municipality, a.i.r. 1992 s.c. 2298 no deduction is called for.17. the counsel for the appellant has also placed ..... of 1991 is allowed. three months' time is granted to the appellants to make up the deficiency in the payment of court fee. on oral request of the counsel for the appellant in r f a. no. 2367 of 1991, three months' time is allowed to the appellants to amend ..... additional district judge omitted to refer to the provisions of section 23(1a) of the act in the order that the appellants are entitled to the benefit of the amended provision of section 23(1a) of the act. on the face of it, the appellants are entitled to this benefit. the collector .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-05-1993
Reported in : (1994)106PLR446
..... petitioner society against their area measuring 19 kanals 14 marlas and also to take proceedings against those who had been wrongly paid the compensation by land acquisition collector. in pursuance of the resolution aforesaid, it deposited an amount of rs. 1,62,205.25/-. this amount had to be ..... the provisions of section 24 read with section 28 of the punjab town improvement act, 1922 (herein- after to be referred as 'the act'). petitioner society alongwith certain other societies submitted representation to respondent no. 2 to exempt its land from acquisition for the execution of the said scheme. the trust acceded to ..... scheme styled as 'model town part-ii extension scheme was introduced in may, 1973. meanwhile, the provisions of section 56 of the act had since been amended and the power to grant exemption which was earlier with the trust was transferred to the state government. in the wake of change ..... styled as model town part-ii extension scheme came into existence in may, 1973. even the government granted exemption, which, in view of the amended provisions of section 56 had to be done by the government only. in both orders of exemption, i.e. the one granted by the ..... in law, petitioner and 13 other societies again approached the improvement trust to recommend their case to the state government for exempting their land under section 56 of the act .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-26-1993
Reported in : 1993(2)ALT116
..... the interpretaion given by the supreme court with reference to the then existing provision. incidentally we may just refer to the land acquisition (amendment) act, 1984 (central act no. 68/84) which was enacted by the parliament. according to this central amendment act, the notification under section 4(1) apart from being published in the official gazette should also be published in two daily ..... 10. the bracketed words in sub-section (1) of section 4.- 'within 40 days from the date of publication of such notification' were added by land acquisition (a.p. amendment and validation) act 9/83. the said act received the assent of the president on 23rd june, 1983 and the same was published in the andhra pradesh gazete (ext.) part iv-b dated 29 ..... therefore justified the judgment under appeal.9. the crucial provision is section 4(1) of the l.a. act as amended by land acquisition (andhra pradesh amendment and validation) act 9/83 which reads as follows:'wherever it appears to the appropriate government, the land in any locality is needed or is likely to be needed for any public purpose or for a company, ..... notification issued under section 4 without complying with the said mandatory direction would be void and the land acquisition proceedings taken pursuant thereto would be equally void.'the supreme court then proceeded to say:'the court also referred to smt. somavanti v. state of punjab, : 2scr774 , and quoted with approval the statement therein made that a valid notification under .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-24-1993
Reported in : (1994)106PLR686
..... ,04,640/- per acre and for block 'b' at the rate of rs. 52320/- per acre. the claimants would also be entitled to all the benefits of land acquisition act as amended. appeals filed by the state are dismissed with no order as to costs. cross-objections filed therein are allowed and the compensation and other benefits are enhanced as has ..... in deciding the case in hand. the land which was acquired was situated in village kambali and kambala and was acquired for extension of industrial ..... situated on mani majra-panchkula road near chandigarh. needless to say that the land situated around chandigarh had great potential for being used for residential and commercial buildings. on the same ground decision of this court in harchal singh v. the state of punjab through land acquisition collector industries department, punjab chandigarh , 1991 lacc vol. 5, page 203 is not of much assistance ..... hand. the other decision relied upon on behalf of the appellants is that of this court in harchal singh v. the state of punjab through land acquisition collector, industries department, punjab, chandigarh, 1991 lacc 203. the acquired land being from near the urban area was held to have great potential for urbanisation and the compensation was enhanced by the high court. again .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-05-1993
Reported in : (1994)106PLR256
..... is greater than is necessary, or (c) that the land contains religious buildings, tombs and grave-yards. the right to file objections is taken away if the appropriate government has invoked the provisions of section 17(2)(c) of the act as amended by punjab act ii of 1954, xvii of 1956. xlvii of 1956 and act xxxi of 1966. sub-section (2) of section 17 ..... noted in the margin.2. in this case the government had issued notification dated 8th/9th january, 1992 under section 4 read with clause 17(2)(c) of the land acquisition act, 1894 for acquisition of land measuring 160 kanals in village lakkarpur of distt. faridbad for a public purpose, namely, for the systematic development of the tourist place close to surajkund, distt. faridabad. in ..... orders staying dispossession were passed on 10.7.1992. all these stay orders are continuing till today. the explanation 1 to section 6 and explanation to section 11a of the land acquisition act are similarly worded. both respectively lay down in identical terms 'that the period during which any action or proceeding to be taken in pursuance of the notification issued under section ..... court in the case of yusufbhai noormohmed nendoliya v. state of gujarat and anr. reported in air 1991 sc 2153 had occasion to construe explanation to section 11a of the land acquisition act and it has been held that the said explanation is in the widest possible terms and covers proceedings for making of award and taking of possession. thus, prima facie it .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-20-1993
Reported in : 1993(3)ALT375
..... high court in a.s.1483/84 and cross-objection by granting enhanced solatium and interest as per the land acquisition amendment act, 1984.3. the appellant resisted the above plea stating that respondents, who had not filed any application under section 28-a of the ..... there are other provisions which cannot be reconciled with the interpretation advanced by counsel for the respondents. one such provision is section 12 of the land acquisition act which requires that the award shall be filed in the collector's office, whereby it becomes final and conclusive evidence between the collector and ..... against it.'11. we are of the opinion that the above decision does not apply to the present case, since there are provisions in the land acquisition act which militate against the above interpretation. apart from the definition of 'court' in section 3(d) and 'form of awards' in section 26, ..... not persuaded by the decision of a single judge of the punjab and haryana high court in atlanta ram (2 supra). we do not find much of a discussion on this question with reference to the definition of 'court in the land acquisition act, in that decision. we also overrule the observations in talluri ..... compensation by the high court on appeal under section 54.'reliance was also placed on the decision of the punjab & haryana high court in anant ram v. state of haryana, .5. government pleader (land acquisition) submits that as a consequence of the judgment under appeal, the respondents who had accepted the award of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-09-1993
Reported in : (1994)106PLR596
..... haryana, is that in view of the judgment of the full bench of this court in state of punjab v. krishan la, (1987-1) 91 p.l.r. 680 (f.b), the benefits of section 23(1a) of the land acquisition act, hereinafter called the act', could not have been given to the claimants, as directed by the district judge, faridabad, vide the ..... , they were entitled to the enhanced compensation at the rate of rs. 7/- per square yard for the year 1978 as per notification under sections 4 and 6 of the land acquisition act as held by this court in puran v. state of haryana. through l.a.c. , (1986-1) 89 p.l.r. 59. learned counsel for the objectors has ..... filed by the claimants and direct that the compensation be awarded to the claimants at the rate of rs. 21/- per square yard alongwith the benefits of the amended provisions of land acquisition act. no costs. ..... 1978 whereas that of the district judge, faridabad, on december 20, 1988. it is, therefore, apparent that in view of the judgment cited, all the benefits envisaged by the amended act; would be available to the objector.2. there also seems to be merit in the stand of mr. grover, particularly, in the light of puran's case (supra) that ..... as the acquired land is situated close to faridabad township, the implied enhancement at the rate of rs. 1/- per square yard per year for the period between the notification under section 4 and .....Tag this Judgment!