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Evelyn Beingiazi – Appellant
Versus
Mara Autonomous District Council – Respondent
ORDER :
Nelson Sailo, J.
1. Heard Mr. Victor L. Ralte, learned counsel for the petitioner and Mr. Saurabh Pradhan, learned counsel for the respondent Nos. 1 & 2. Also heard Mr. C. Zoramchhana, learned Addl. Advocate General for respondent Nos. 3 & 4.
2. By filing this writ petition, the petitioner has challenged the Order dated 17.01.2019 (Annexure-8) by which the land allotted to her vide H/227/NS/L&R/015 of 08.12.2016 and subsequently converted to PLSC/R/NS/47/2018 of 26.04.2018 was cancelled along with other similarly situated persons. As per the said order, it was indicated by the respondent authorities that land was required for public purpose.
3. Brief facts of the case as set out by the petitioner is that allotment of land under the jurisdiction of the Mara Autonomous District Council (MADC) used to be done in the form of Land Donation Certificates in respect of Government Departments, Companies, Firms etc. The authorities under the MADC took a decision to do away with the Land Donation Certificates and instead introduced land holdings by Government Departments, Companies, Firms etc., in the form of Land Lease. Accordingly, a Notification dated 21.03.2014 (Annexure-2) was issued
The main legal point established in the judgment is that the slicing out of land and issuance of Land Lease Certificates must be done in accordance with the law and for public purpose, and mala fide ....
The cancellation of pattadar passbooks for land requires substantial proof of fraud or illegality, and must adhere to principles of natural justice and binding judicial precedents.
The main legal point established in the judgment is that allotments obtained by misrepresentation or fraud can be cancelled without limitation, and such allotments do not confer any title over the pr....
A landless person can be granted land under the U.P. Bhudan Yagna Act irrespective of their residency in the village where the land is located, as long as there are no eligible landless persons in th....
The cancellation of land allotment was invalid as the respondents failed to follow due process and were estopped from questioning the allotment after five years of acquiescence.
Point of Law : When the authority has already made up its mind, cannot come to the aid of the petitioner due to the fact that petitioner who claims to have been issued a permit for his land in the ye....
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