TASHI RABSTAN, SINDHU SHARMA
Chuni Lal Bhagat – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Sindhu Sharma, J.
1. In all these three petitions, the propriety land of the petitioners was taken by the respondents without payment of compensation, as such, they are taken up together for consideration. The contention of the petitioners in all the three petitions is that their land was taken by the respondents for setting up Tube Well and other public utilities on the assurance of employment to one of their family member without payment of compensation.
2. While considering these petitions, this Court, vide order dated 17.05.2022 observed that important questions arise for consideration, firstly, whether the land donated by the petitioners by execution of a gift deed in favour of Government or Government functionaries can be said to be a valid legal document, considering the constitutional provisions, and whether the Government would at all accept a gift deed in its name by its citizens. Secondly, whether the gift deed made in favour of the Government could be held to be a valid, inasmuch as, a gift deed is to be inter vivos to be a valid gift deed.
3. Mr. A.P. Singh,
Amarjit Singh &Ors. v. State of Punjab &Ors. (2010) 10 SCC 43
Delhi Airtech Services Pvt. Ltd. v. State of U.P &Anr. AIR 2012 SC 573
Hari Singh Mandir Trust vs. State of Maharashtra and others
Jilubhai Nanbhai Khachar vs. State of Gujarat and another
K.T. Plantation Private Limited and Anr. v. State of Karnataka (2011) 9 SCC 1
Narmada BachaoAndolan v. State of Madhya Pradesh & Anr. AIR 2011 SC 1989
Shiromani Gurudrawa Prabandhak Committee, Amritsar vs. Shri Som Nath Das and others
State of Haryana v. Mukesh Kumar &Ors. AIR 2012 SC 559
S. Sarojini Amma vs. Velayudhan Pillai Sreekumar
Tukaram Kana Johsi and others vs. Maharashtra Industrial Development Corporation (MIDC)
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