SUJIT NARAYAN PRASAD
Adhunik Power and Natural Resources Ltd. through its General Manager (Projects) Chandra Bhushan Sharma – Appellant
Versus
State of Jharkhand through the Principal Secretary, Department of Revenue & Land Reforms – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
All these writ petitions have been filed against the different orders (31.08.2010 in W.P.(C) no. 2100/2014) passed by Deputy Collector Land Reforms, Seraikella in a proceeding initiated for fixation of commercial rent (Commercial Rent Fixation Case No. 28 of 2010-2011 in W.P.(C) no. 2100/2014) in different cases whereby and whereunder the rent has been fixed annually on commercial rent for the land in question.
2. The brief facts of the case as per the pleading made in these writ petitions are that the petitioners have set up Thermal Power Station in the district of Seraikella-Kharsawan. For the aforesaid purposes petitioners had entered into a memorandum of understanding with the State of Jharkhand on 31.10.2005 (W.P.(C) no. 2100/2014) and in order to set up the aforesaid power station petitioners have acquired huge tracts of lands including the land in question from the legal heirs and the representatives of the recorded tenants. A deed of sale was executed and consequently registered by the legal heirs and representatives of recorded tenants
Ayaaubkhan Noorkhan Pathan v. State of Maharashtra
Babu Verghese v. Bar Council of Kerala
Common Cause v. Union of India reported in (1999) 6 SCC 667
I.T.C. Ltd. v. State of Bihar reported in [(1994) 1 BLJR 88]
Indo Asahi Glass Company Ltd. Hazaribagh v. State of Bihar reported in [(2005) 3 JLJR 447 (Jhr.)]
Ratan Kumar Tandon v. State of U.P. reported in (1997) 2 SCC 161
State of Bihar v. Vijay Kumar Chowdhury reported in [(2002) 2 JLJR 526 (Jhr.)]
S. Sivaguru v. State of Tamil Nadu reported in (2013) 7 SCC 335
The central legal point established in the judgment is the protection of tribal land rights under the Chotanagpur Tenancy Act, 1908 and the necessity of following due process before vesting land upon....
Land does not automatically vest in the landlord upon a Raiyat's intestate death; procedural safeguards must be followed for restoration under the Chotanagpur Tenancy Act.
The judgment emphasizes the importance of continuous rent receipts and evidence of possession in validating land settlements under the Bihar Land Reforms Act, 1950. It also highlights the significanc....
The main legal point established in the judgment is the requirement of substantial structure existing prior to the enactment of the Scheduled Area Regulation Act, 1969, as per the second proviso to S....
The Chhotanagpur Tenancy Act mandates that any transfer of land involving Scheduled Tribes requires prior approval from the Deputy Commissioner, and procedural errors in restoration applications do n....
Protection of prohibited land and removal of illegal encroachments under the Rajasthan Tenancy Act, 1955.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.