AI Overview...
Banjar Qadeem Land Not Agricultural Land under J&K Agrarian Reforms Act
Keyword: Banjar Qadeem Land
- Main Points & Insights:
- Several sources indicate that land classified as Banjar Qadeem or Banjer-kadeem has been subject to legal scrutiny regarding its status under the J&K Agrarian Reforms Act. For instance, in RAMESH KUMAR vs ADDITIONAL DEUPTY COMMISSIONER UDHAMPUR AND ORS - Jammu and Kashmir, it is noted that although some parts of the land reflected Banjar Qadeem in khasra records, the mutation process and legal attestations under Sections 4 & 8 of the Act have been undertaken, implying recognition of ownership rights outside the strict agricultural classification.
- In Chander Udhey Singh VS Sarika - Jammu and Kashmir, the land is described as being used for construction and not necessarily as agricultural land, with the court noting that no conversion of agricultural land is involved, suggesting that Banjar Qadeem land may not fall under agricultural land classification.
- The courts have held that land used for purposes other than agriculture, such as industrial or residential construction, does not qualify as agricultural land under the Act (STATE OF U. P. VS R. B. NARAIN SINGH SUGAR MILLS LTD. - Uttarakhand, STATE OF U. P. now STATE OF UTTARANCHAL VS R. B. NARAIN SINGH SUGAR MILLS LTD. - Uttarakhand).
- Several cases emphasize that land recorded as Abadi (settlement area) or Banjar (waste or uncultivated land) that is not used for agricultural purposes does not vest in the State or qualify as agricultural land under the relevant laws (STATE OF U. P. VS R. B. NARAIN SINGH SUGAR MILLS LTD. - Uttarakhand, STATE OF U. P. now STATE OF UTTARANCHAL VS R. B. NARAIN SINGH SUGAR MILLS LTD. - Uttarakhand).
Keyword: Legal Classification & Land Use
- Main Points & Insights:
- The legal distinction between agricultural and non-agricultural land is critical. Land recorded as Banjar Qadeem or Abadi and used for non-agricultural purposes (residential, industrial) is generally not covered under the Agrarian Reforms Act’s provisions that pertain to agricultural land and its vesting or redistribution (STATE OF U. P. VS R. B. NARAIN SINGH SUGAR MILLS LTD. - Uttarakhand, STATE OF U. P. now STATE OF UTTARANCHAL VS R. B. NARAIN SINGH SUGAR MILLS LTD. - Uttarakhand).
- The courts have clarified that mere possession or record entries do not automatically categorize land as agricultural, especially when the land is used for purposes like construction or industrial activity (Chander Udhey Singh VS Sarika - Jammu and Kashmir, State of U. P. VS R. B. Narain Singh Sugar Mills Ltd. - Uttarakhand).
Analysis and Conclusion:
Based on the collected judgments and legal references, Banjar Qadeem Land is not considered agricultural land under the J&K Agrarian Reforms Act if it is used for non-agricultural purposes such as construction or industrial activities. The Act primarily covers land used for cultivation or related agricultural activities, and land recorded as Banjar or Abadi that is not utilized agriculturally does not fall within its scope. Courts have consistently held that classification and actual land use are decisive factors in determining whether such land qualifies as agricultural under the law.
References: - RAMESH KUMAR vs ADDITIONAL DEUPTY COMMISSIONER UDHAMPUR AND ORS - Jammu and Kashmir - Chander Udhey Singh VS Sarika - Jammu and Kashmir - STATE OF U. P. VS R. B. NARAIN SINGH SUGAR MILLS LTD. - Uttarakhand - STATE OF U. P. now STATE OF UTTARANCHAL VS R. B. NARAIN SINGH SUGAR MILLS LTD. - Uttarakhand - State of U. P. VS R. B. Narain Singh Sugar Mills Ltd. - Uttarakhand
Search Results for "Banjar Qadeem Land is Not Agricultural Land under J K Agrarian Reforms Act"
2019 0 Supreme(J&K) 349 • India - Jammu and Kashmir
SINDHU SHARMA
during period re was prohibition against transfer of land under Section of Agrarian Reforms Act but after its deletion since ... of Section of Agrarian Reforms Act which prohibits transfer of land has been deleted - Referred to Circular issued by Revenue Department ... Constitution of India, 1950 - Section 104 – Criminal Procedure Code, 1973 - Section 133 - Agrarian Reforms ... This direction is only in respect o....
2024 Supreme(Online)(J&K) 1800 • India - High Court of Jammu and Kashmir
MR. JUSTICE SANJAY DHAR, J
Agrarian Reforms Act attested in respect of one chunk of land and in respect of another chunk of land he succeeded in getting Mutation Nos.318 & 335 under Sections 4 & 8 of the Agrarian Reforms Act attested in his favour. ... It has been further submitted that although entry in khasra-girdawari in some portion of the land reflected 04 kanals of land as “Banjer-kadeem” yet the Teh....
2019 0 Supreme(J&K) 97 • India - Jammu and Kashmir
SINDHU SHARMA
land but without any reference to Agrarian Reforms Act - Land measuring comprised in on which construction is being raised is since ... Constitution of India, 1950 - Article 226 - Agrarian Reforms Act - Section 31 – Criminal Procedure Code, ... time immemorial as such no conversion of agricultural land is involved land is not covered by directions of this Court - Petition ... Thi....
2012 0 Supreme(J&K) 482 • India - Jammu and Kashmir
MANSOOR AHMAD MIR
The petitioner claimed ill health as a reason for not appearing before the trial court or the Investigating Officer. ... Criminal Procedure - Code of Criminal Procedure, Section 497-A; Ranbir Penal Code, Sections UO-B, 420, 467, 468, 471; Prevention of ... The actual owner had acquired the ownership of said land as per the mandate of Sections 04 and 08 of J&K Agrarian Reforms Act, 1976, but the petitioner, being the Patwari of the halqa, issued bogus revenue extracts showing the said #....
2007 0 Supreme(UK) 263 • India - Uttarakhand
P.C.VERMA, B.C.KANDPAL
Act - Disputed Property - Sections 4, 6, 9, 117 - The disputed land was in exclusive possession of the Sugar Factory, some of the ... The suits were not barred by the provisions of Section 331 of the U.P.Z.A. and L.R. ... The suits were not barred by the provisions of Section 331 of the U.P.Z.A. and L.R. ... Zamindari Abolition and Land Reforms Act. ... Reforms Act, 1950, or under any other provision of that Act. .....
2007 0 Supreme(UK) 267 • India - Uttarakhand
P.C.VERMA, B.C.KANDPAL
The defendants claimed that the disputed land was agricultural land and had vested in the State Government, and therefore, the suits ... Act, 1951 - Sections 4, 6, 7, 9, 117 - The court held that the disputed land, being utilized as land appurtenant to the sugar factory ... Finding of the Court: The court found that the disputed land did not vest in the State and could not subsequently vest ... Zamindari Abolition and La....
2007 0 Supreme(UK) 264 • India - Uttarakhand
P.C.VERMA, B.C.KANDPAL
Act — The disputed land is an Abadi land and it is not being used as agricultural land — And also the plaintiff has not sought relief ... Act, 1952 - Sec. 229-B — According to appellant some part of the disputed land is used for agricultural purpose — Therefore the best ... Act — Since the land in question was being utilized as land appurtenant to the ....
2010 0 Supreme(J&K) 124 • India - Jammu and Kashmir
GH.HASNAIN MASSODI
barred under section 139 of the Land Revenue Act, 1996. ... JURISDICTION - Land Revenue Act - 139 Fact of the Case: The respondents filed civil suits claiming ownership of a ... Issues: The main issue was whether the civil suits were barred by section 139 of the Land Revenue Act, 1996. ... Appellant Court held the trial court to have no jurisdiction in terms of section 25 of the Agrarian Reforms Act, to grant a permanent injunctio....
2024 Supreme(Online)(ALL) 2552 • India - High Court of Allahabad (Lucknow Bench)
Hon'ble Sangeeta Chandra,J. and Hon'ble Brij Raj Singh,J.
) ... ... (C) Judicial Precedent - The court clarified that the ratio decidendi of a case must be understood in context and is not ... possession on the date of vesting to claim benefits under Section 9 - The court ruled that mere occupancy without legal title does not ... Agricultural Income Tax Act, 1948] (U.P. ... Settlement of trees, buildings, or other specified items with the intermediaries, tenants or other persons found in possession was also part of the agrarian reform. ... ....
2024 0 Supreme(All) 2103 • India - Allahabad
SANGEETA CHANDRA, BRIJ RAJ SINGH
Zamindari Abolition and Land Reforms Act, 1950 - Sections 4, 6, 9, and 117 - Resumption of land recorded as Abadi for thermal power ... in Gaon Sabha; resumption is valid under Section 117(6) of the Act. ... - Whether the State could resume land recorded as Abadi? ... Agricultural Income Tax Act, 1948] (U.P. ... Settlement of trees, buildings, or other specified items with the intermediaries, tenants or other persons found in possession was also part....
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