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RAVINDRA MAITHANI
Garhwal Mandal Vikas Nigam Limited – Appellant
Versus
Commissioner Garhwal Region, Pauri – Respondent
JUDGMENT
(Ravindra Maithani, J.) :
The challenge in this petition is made to an order dated 22.06.2018, passed by the respondent no.2 the District Magistrate, Tehri Garhwal, by which, freehold rights have been granted in favour of the respondent no. 3 over Khata No.3/7, Khasra No. 7 admeasuring 5 Nali, 7 Muthi i.e. 1090 Sq. Meters in Village Dhalwala, Rishikesh (“the disputed land”) as well as an order dated 29.01.2022, passed by the respondent no.2 the District Magistrate, Tehri Garhwal, by which an application for recalling order dated 22.06.2018 has been rejected.
2. Heard learned counsel for the parties and perused the record.
3. Facts necessary to appreciate the controversy, briefly stated, are as follows:-
(i) The petitioner was given possession of the land.
The main legal point established in the judgment is that the grant of freehold rights must be based on factual correctness and adherence to the legal provisions, especially in the context of land dis....
Sub-lease agreement - Rights of Co-sharer - Co-sharer has no right to alienate entire property to confer exclusive right on alienee without consent of other co- owners and such transfer is invalid fo....
The court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
A person in possession of property cannot be dispossessed without following due process of law, even if the possession is unauthorized or illegal.
The main legal point established in the judgment is that the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 would not confer any benefit on the owner of the land if possession has been t....
The court affirmed the right of a permanent leaseholder to ownership based on government resolution, ruling state delay and inaction as unfair and detrimental to leaseholder rights.
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