Gochar/Pasture Land Compensation - Compensation land must be adequate and suitable for gochar purposes, with the Collector's power to set aside such land exercised in consultation with the Gram Panchayat. Legal provisions emphasize the importance of available pasture land within the same or nearby villages, especially within the same Panchayat, to ensure effective preservation of Gaushalas and grazing areas. Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - Rajasthan
Legal Framework for Land Acquisition and Compensation - In cases involving land acquisition for public purposes such as establishing Gaushalas or related infrastructure, compensation is to be provided under applicable laws like the Land Acquisition Act. The courts have upheld that compensation should be fair and include improvements made by the landowners before acquisition, with authorities required to follow statutory procedures. Nawal Singh VS Theadministrator, Municipal Committee, Charkhi Dadri - Punjab and Haryana, Devsthan,Village Saidapur Bhau Thu. Mahant/Sarvarakar VS State Of U. P. Thru. Secretary Revenue Deptt. Lko. - Allahabad
Wildlife and Ecological Preservation - Preservation of wildlife corridors and biodiversity areas, including Gaushala vicinities, is critical due to threats from social, economic, and anthropogenic factors. Courts have recognized the importance of protecting these corridors and have mandated legal interventions to prevent encroachment and ensure ecological balance. Compensation for damages or loss caused to such areas is to be quantified appropriately upon proper assessment. In Re Tal Chappar Sanctuary, Sujangarh (Churu) VS Principal Secretary, Govt. Of Raj. , Jaipur, Jaipur - Rajasthan, Tal Chappar Sanctuary VS Principal Secretary, Govt. Of Rajasthan - Rajasthan
Statutory and Policy Measures for Animal and Ecological Welfare - Courts have emphasized the need for statutory frameworks to ensure timely compensation for damages caused to wildlife and ecological areas, including Gaushalas. Earlier directives and policies, such as those from the Department of Wildlife Preservation, underscore the necessity of effective control measures and compensation policies to address issues like stray animals and habitat destruction. Rajwinder Kaur VS State of Haryana - Punjab and Haryana
Protection of Forest and Biodiversity - Cases highlight the importance of protecting designated forest areas and ecosystems surrounding Gaushalas through legal measures such as boundary walls and anti-encroachment initiatives, aligning with Supreme Court rulings on ecosystem preservation. These measures safeguard biodiversity and prevent illegal grazing or encroachment that threaten Gaushala lands. Rashid Noor Khan vs Principal Chief Conservator of Forest - National Green Tribunal, Rashid Noor Khan vs Principal Chief Conservator of Forest, Department of Forest, Madhya Pradesh - National Green Tribunal
Legal precedents affirm that compensation to Gaushalas and associated pasture lands must be fair, adequate, and in line with statutory provisions, considering improvements and ecological significance. Courts have consistently emphasized ecological preservation, proper land acquisition procedures, and the need for comprehensive policies to address damages and encroachments affecting Gaushalas and wildlife corridors. Effective legal intervention is crucial to balance ecological conservation with the rights and welfare of Gaushala institutions, ensuring sustainable preservation and fair compensation Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - Rajasthan, Nawal Singh VS Theadministrator, Municipal Committee, Charkhi Dadri - Punjab and Haryana, In Re Tal Chappar Sanctuary, Sujangarh (Churu) VS Principal Secretary, Govt. Of Raj. , Jaipur, Jaipur - Rajasthan.
References: - Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur - Rajasthan - Ahmedabad Urban Development Authority VS Assistant Commissioner of Income Tax (Exemption) - Gujarat - Nawal Singh VS Theadministrator, Municipal Committee, Charkhi Dadri - Punjab and Haryana - Devsthan,Village Saidapur Bhau Thu. Mahant/Sarvarakar VS State Of U. P. Thru. Secretary Revenue Deptt. Lko. - Allahabad - In Re Tal Chappar Sanctuary, Sujangarh (Churu) VS Principal Secretary, Govt. Of Raj. , Jaipur, Jaipur - Rajasthan - Tal Chappar Sanctuary VS Principal Secretary, Govt. Of Rajasthan - Rajasthan - Rajwinder Kaur VS State of Haryana - Punjab and Haryana - Rashid Noor Khan vs Principal Chief Conservator of Forest - National Green Tribunal - Rashid Noor Khan vs Principal Chief Conservator of Forest, Department of Forest, Madhya Pradesh - National Green Tribunal
The land to be set apart in compensation should also be adequate and suitable for gochar purposes. 5. The power of the Collector in setting apart the gochar/pasture land has to be in consultation with the Gram Panchayat. 6. ... Before adverting to the facts of the present case, it is essential to consider the provisions of law and the precedent law pertaining to the “gochar/pasture land.” 11. ... available, as pasture land {in the same village or nearby village within the same Panchayat}: {Provided that where land is req....
provisions of the Gujarat Town Planning Act and collection of fees and cess is incidental to the object and purpose of the Act, even the case ... Income-tax Act, 1961 – Section 2(15) – Assessment – Income-tax Appellate Tribunal has erred in law and on ... purpose in view of the proviso to section 2(15) of the Income-tax Act, 1961 Whether the Income-tax Appellate Tribunal has erred in law ... At this stage, decision of the Division Bench of this Court in the case of Sabarmati Ashram Gaushala Trust (supra....
Fact of the Case: The Charkhi Dadri Improvement Trust prepared a scheme for constructing a Harijan Colony. ... Jain received compensation and he was dispossessed an 19th January, 1977. Thus, by virtue of Section 16 of the Land Acquisition Act. T.S. Jain s, land vested in the Charkhi Dadri Improvement Trust, free from all encumbrances, The receipt of compensation was not denied by T.S. Jain. ... IB" for constructing a Harijan Colony near Gaushala Gandhi Ashram and Delhi Narnaul Road under Sections 24 and 28 of the Punja....
Revenue Code 2006 - Section 59(4)c - Summary Fact of the Case: The petitioner, a Mahant, challenged the State Government's ... by the Code, and such allottee has made any improvement on such land before the date of notification, then the allottee shall be entitled to such compensation for improvement as the Collector may determine. ... Learned counsel for the petitioner has gone on to argue that the petitioner Devasthan owned several plots of land in village Saidapur bhau, namely, old plot no. 1522, 1523 and 1524 wherein a temple, a well, several Samadhis....
Legal intervention in preservation of these corridors has been necessitated because wildlife corridors are threatened by various social, economic and anthropogenic factors, as noted above. ... The movement of these species have also been found outside the sanctuary in the Local Farms/ Salt areas/Gaushala area. These species are mostly found in the plain surfaces, where there is abundance of grass and not in hilly area. ... The exercise concerning such reparation, including quantifying compensation shall be undertaken upon giving the minin....
Fact of the Case: The court took note of a newspaper report indicating the State Government's proposal to reduce the ... Legal intervention in preservation of these corridors has been necessitated because wildlife corridors are threatened by various social, economic and anthropogenic factors, as noted above. ... The movement of these species have also been found outside the sanctuary in the Local Farms/Salt areas/Gaushala area. These species are mostly found in the plain surfaces, where there is abundance of grass and not in hilly area.....
(A) Constitutional Law - Articles 226/227 - Stray Animals (Compensation Policy) - The court addressed the issue of payment of compensation ... The necessity for statutory frameworks to ensure timely compensation was emphasized. ... The court found that the absence of effective control measures by local authorities necessitated a comprehensive policy for compensation ... It is also not in dispute that earlier, as per the instructions dated 03.11.1998 of the Department of Wild Life Preservation#....
protect areas formally recognized as forests under the Indian Forest Act and upheld prior Supreme Court rulings regarding ecosystem preservation ... (Paras 30-34) ... ... Facts of the case: ... Applicant raises concerns regarding the destruction ... To ensure the safety and preservation of this Biodiversity, WALMI has implemented several measures, including the construction of a boundary wall. The forest and ecology within the WALMI campus require protection from illegal grazing and other forms of biotic interference. ... Gau....
validity of marriage or paternity of child, unless there is patent perversity of finding of fact or error of jurisdiction or that of law ... concealing from her his previous marriage – Both applicant and her minor daughter are entitled to get maintenance from appellant as per law ... Hence, in regard to quantum of compensation awarded by learned Family Court in favour of Renu Kumari and Pihu Kumari, I find that the maintenance granted is on higher side, in view the of number of the dependents of Nathuni Paswan as well as in view of the fa....
(Paras 1, 7, 48) ... ... Facts of the case: ... The applicant alleged severe ... To ensure the safety and preservation of this Biodiversity, WALMI has implemented several measures, including the construction of a boundary wall. The forest and ecology within the WALMI campus require protection from illegal grazing and other forms of biotic interference. ... Gaushalas, Sanskar Valley, Lake Jagran University are outside and a diversion case number FA/MP/OTHERS/149148/2021 related to encroachment on the gate part by Lake ....
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