Court : Punjab and Haryana
Decided on : Jul-30-1997
Reported in : (1997)117PLR778
..... sections 151, 152 and 153 of the code of civil procedure for awarding solatium and the interest at the enhanced rate in accordance with the land acquisition (amendment) act, 1984 which came into force w.e.f 24.9.1984. the appellant-union of india opposed the maintainability of the application on the ..... notification dated 10.8.1977 issued by the government of punjab, the senior sub judge, gurdaspur was appointed ..... 532; state of punjab v. babu singh, (1995-2)110 p.l.r. 292 (s.c.) and union of india v. sube ram and ors., j.t. 1996(10) s.c. 529 and also by a judgment of this court in the hoshiarpur improvement trust v. the president, land acquisition tribunal hoshiarpur and ..... void order. the high court has not applied its mind to this crucial consideration but summarily dismissed the appeal.'6. in state of punjab v. babu singh (supra), the order passed by this court for payment of enhanced solatium etc. on an application filed by the ..... anr., (1996-3)114 p.l.r. 175.2. admittedly, the proceedings were initiated under the punjab requisition and acquisition of immovable property act, 1952 many years prior to the insertion of section 23(1-a) in the land acquisition act, 1894. pursuant to the .....Tag this Judgment!
Court : Orissa
Decided on : Sep-29-1997
Reported in : AIR1998Ori34; 85(1998)CLT742
..... state of haryana) and contended that since in the present case, the appeal in ihe high court was decided after 24-9-1984, when the land acquisition (amendment) act (act 68 of 1984) came into force the claimants are entitled to an award of 30 percent solatium as contemplated under section 23 (2) and enhanced ..... entitled to the enhanced benefits of the amending act, the said decision operates, as res judicate and the executing court cannot go behind the decree. he has placed reliance upon the decision of the supreme court reported in air 1992 sc 173 (state of punjab v. mohinder singh randhawa) in support ..... of such contention. law is well settled that an executing court cannot go behind the decree except when the decree is a nullity or is without jurisdiction. the question is whether in the present case, the high court had in clear terms directed for payment of the benefits available under the amending act ..... of prospective overruling as enunciated in the decision of ihe supreme court reported in air 1967 sc 1643 (l.c. golak nath v. stale of punjab) and further explained in the decision reported in air 1994 sc 1074 (managing director, ectl, hyderabad v. b. karunakar). it should be held ..... the reference prior to 13-4-1982. the aforesaid two decisions were again followed in the decision reported in (1995) 1 scc 383 (state of punjab v. avtar singh). since the subsequent decision of the supreme court (1995) 3 scc 74 : (1995 air scw 17 l3)rendered by a .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-20-1997
Reported in : ILR1997KAR3405; 1998(1)KarLJ480
..... civil judges at chitradurga, bailahongala, jamkhandi and chikodi on various dates allowing the application of the claimants made under sections 151 and 152, civil procedure code claiming enhanced benefits under the amended provisions of land acquisition act of 1984. since common questions of law and facts are raised in these revisions, they are consolidated, heard and disposed of by this common order.2. in all these ..... who were before the collector or before the reference court between these two periods and therefore are entitled to additional benefits conferred on such people by the amendment act. unfortunately, in these cases, neither the land acquisition officer nor the reference court had conferred certain benefits onthem at the time of passing the award. therefore, there is admitted manifest illegality in the awards ..... can be found in a series of judgments of supreme court inair 1995 sc 1004, ks. paripoornan v state of kerala andothers , state of punjab v babu singh , state of maharastra vmaharau srawan hatkar', state of punjab v jagir singh and in the latest judgment of the supreme court in swaran 'singh's case, supra, it is held that it is settled ..... law that after the reference court has granted an award and decree under section 26(2) of the act or an appeal under section 54, the only remedy .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-21-1997
Reported in : 1999(2)ALD171; 1997(5)ALT214
..... judgment under appeal was rendered, there was a bar against the court awarding more than what was claimed before the land acquisition collector. but, the fetter on the power of the court was removed by the amendment brought about by the l.a. (amendment) act (68 of 1984). the only limitation now placed by section 25 on the power of the court is to prohibit ..... has been done long after the respondent had notice of filing the appeal, obviously inspired by the judgment of the supreme court in k. krishna reddy v. special deputy collector, land acquisition unit-ii, : air1988sc2123 .4. though there is some doubt on the point whether the receipt of notice by the counsel by name sri c ramesh sagar purporting to be the ..... district was acquired in the year 1977 as it was liable for sub-mersion while executing the lower manair dam reservoir project. the notification under section 4(1) of the land acquisition act was published in a.p. gazette on 24-3-1977. the land acquisition officer passed an award on 15-7-1978. he awarded compensation at rs. 1320/- per acre of dry ..... and the judgment dated 10-4-1997 in as no.1204 of 1987.8. the learned government pleader adverted to the decision of supreme court ingurdial singh v. state of punjab, : 2scr420 , in support of his contention that unamended section 25 should be applied and the bar contained in sub-section (2) of section 25 (as it then stood) is .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-26-1997
Reported in : (1998)119PLR318
..... . although in the appeal, the state of punjab has challenged the award of the enhanced compensation at the rate of rs. 150/- per marla ..... award of compensation. accordingly, he directed the appellant to pay compensation at the rate of rs. 150/- per marlas for the entire land. the learned single judge also extended the benefit of section 23(1-a) of the land acquisition (amendment) act, 1894 to the respondents. accordingly, he dismissed the appeal filed by the state and allowed the cross objections filed by the respondents.4 ..... , land acquisition collector determined the market value of the total land by dividing it into three blocks i.e. a, b and c. for block-a, market value ..... passed by the learned single judge in r.f.a. no. 906 of 1978 and cross objections no. 47-c-i of 1987.2. land measuring 467 acres was acquired by the government of punjab vide notification dated 13.10.1969 issued under section 4 of the land acquisition act, 1894 for development of various schemes at anandpur sahib. vide his award dated 15.6.1990 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-11-1997
Reported in : (1997)117PLR228
..... per centum on such market value, in consideration of the compulsory nature of acquisition.'it is not disputed that in so far as the present case is concerned, the acquisition and award of the land acquisition collector as also the judgment of the trial judge being of such date, amended provisions of the land acquisition act do not apply. it may be mentioned here also that whereas earlier ..... i.s. tiwana, held:-'lastly, it is maintained by mr. aggarwal that the payments to be made to the claimants in terms of sections 23(1-a) and 23(2) and 28 of the act are to ..... 23. the other clauses in sub section relate to various heads totally unconnected with the market value of the land. the view i am taking in the matter was also taken up by a single bench of this court in punjab state through land acquisition collector, punjab v. gurbachan singh and ors. , (1988-2)94 p.l.r. 695. while dealing with the matter justice ..... r.f.a. no. 1534 of 1984 and there is no merit in this appeal as well. the appellant-claimants appeal is dismissed.6. mr.masih, learned assistant advocate general, punjab could not bring to the notice of this court any material which may call for reduction of the compensation as already assessed by the trial judge. he, however, vehemently contends .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-03-1997
Reported in : (1997)116PLR225
..... 1994 followed in other civil writ petitions as well (supra) had directed the state and the gram panchayat not to dispossess the petitioners from their possession under the punjab village common land (regulations) haryana amendment act, 1992 which was declared ultra vires by the full bench of this court.13. on the premises, it is found that the whole material as in favour of ..... (regulations) haryana amendment act no. 9 of 1992, the land in question was mutated in the name of the gram panchayat without hearing the parties. in this regard civil writ petition nos. 17438 ..... the petitioners that they held the possession of the land as pattedars under the gram panchayat and the respondents derived a benefit of getting an illegal order passed in their ..... land was barani and uncultivable, low lying area, showing a lake in the jamabandi. the petitioners by putting their hard labour made some of its part cultivable. the panchayat by passing resolution started giving it on year to year lease basis to the petitioners in an open auction, in the village.4. by an amendment in section 2 of the punjab village common lands .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-11-1997
Reported in : (1998)120PLR347
..... . state of punjab) as both the appeals have arisen from the order dated 18th september, 1986 passed by the learned single judge, who dismissed the applications under sections 151, 152 and 153a of the code of civil procedure, read with section 30 of the land acquisition act, filed by shri natha singh and others, in which they had prayed for the amendment of the judgment ..... besides interest at the rate of 9 per cent per annum in view of the provisions of section 23(1-a) of the land acquisition act, 1894. it was averred in the applications that various provisions of the land acquisition act were amended vide act no. 68 of 1984, according to which the applicants were entitled to the various benefits as prescribed under section 23(1-a) and ..... section 28 of the land acquisition act, 1894 (for short 'the act'). the amending act has been made operative with effect from 30th april, 1982. it was further averred by the applicants that on 30th april, 1982 their appeals were pending in the high ..... 23(2) and that, therefore, the petitioners also are entitled to that ratio inasmuch as the appeals were pending in the high court by the date of commencement of the land acquisition (amending) act 68 of 1984. we find no force in this contention also.'7. in this view of the matter, we do not see any merit in both the appeals and the .....Tag this Judgment!
Court : Delhi
Decided on : Dec-17-1997
Reported in : (1998)145CTR(Del)560
..... principles relating to the comparable sale instances, the said principles are well settled by the judgments of the supreme court regarding the determination of market value of the acquired land under the land acquisition act which principles can usefully be resorted to in determination of the question of gross under valuation of the market value of the property in question which are the subject ..... as it is found in the statute book. we may also notice just to appreciate the question that has arisen for consideration; previously the parliament inserted by the taxation laws (amendment) act, 1972 chapter xx-a w.e.f. 15th november, 1992 it ceases to be operative in respect of transaction of immovable property made after 13th september, 1986. under s. 269a ..... & anr. : 4scr1049 .4. a. n. parasuraman etc. vs. state of tamil nadu : air1990sc40 .5. s. g. jaisinghani vs. union of india & ors. : 65itr34(sc) .6. the state of punjab vs. ramchander jagdish chander : 2scr768 .7. air india vs. nergesh meerza & ors. : (1981)iillj314sc .8. hari chand sarda vs. mizo district council & anr. : 1scr1012 .9. hari krishna bhargav ..... review. he placed reliance upon the following judgments of the supreme court :1. raza textiles ltd. vs. ito : 87itr539(sc) .2. anisminic ltd. vs. the foreign compensation commission & anr. 1969 (1) all er 208.3. union of india vs. tarachand gupta & bros. : 1983(13)elt1456(sc) .4. state of west bengal vs. mrs. bela banerjee & ors. : 1scr558 .5. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-09-1997
Reported in : II(1997)ACC537; 1997ACJ1049; AIR1997SC2951; 1997(2)BLJR1757; 92CompCas42(SC); JT1997(6)SC142; (1997)117PLR528; RLW1997(3)SC411; 1997(4)SCALE505; (1997)6SCC100; 
..... organic chemicals ltd. and ors. : 3scr765 , it has been held that order xxi rule 1 as amended in 1976 is applicable in executing the award made under the land acquisition act after indicating the principle that if the decretal amount is deposited by the judgment debtor pursuant to the order of the ..... judgment debtor.24. dr. dhavan has further submitted that even if it is assumed that the state of haryana has adopted the punjab rules of 1964 without amendment effected subsequently in 1968 by which order xxi civil procedure code has been made expressly applicable, the tribunal has the authority to apply the ..... has submitted that even though the provisions of order xxi was not applicable in respect of the said claim petition because amendment of rule 20 in the state of punjab by making order 21 civil procedure code expressly applicable in 1968 had not been incorporated in rules applicable in haryana, it has ..... xvii and order xxxiio, the word and figure order xxi shall be inserted.9. mr. jain has contended that the said amendment of rule 20 ..... applicable in the proceedings before claims tribunal.8. the punjab government vide its notification no. gsr 68/ca4/39/siii-adm/(i) 68 dated june 21, 1968 amended rule 20 to the following effect:in the punjab motor accident claims tribunal rules, 1969 in rule 20 between the words and figure order .....Tag this Judgment!