AI Overview...
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Grave Yard Cannot be Acquired - The court recognized that proper notices were affixed and published when acquiring land, but the existence of a graveyard was contested. In some cases, evidence such as local inspections and documents did not confirm the presence of a graveyard, leading to the conclusion that certain lands may not be classified as graveyards or that their status was disputed. New Bhoiguda Mosque and Grave Yard Committee VS District Collector, Hyderabad - Andhra Pradesh, MD. AMEER VS P. SHANKARAIAH - Andhra Pradesh, Nepal Chandra Saha VS Nirmala Paul - Gauhati
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Existence and Use of Grave Yard Land - Several sources discuss whether land is a Muslim graveyard or used for burial purposes. Courts have held that land dedicated for burial, especially if used for graves in accordance with religious tenets, retains its character as a graveyard. Conversely, some courts found that land was not situated within a graveyard or lacked sufficient evidence to confirm its status. Nepal Chandra Saha VS Nirmala Paul - Gauhati, Mohd. Abdul Hammed Alias Khursheed VS Zulfikhar Ahmed - Andhra Pradesh, Risali VS State Of Haryana - Punjab and Haryana, MIYA MOHAMED ABDULKARIM JARIWALA VS COLLECTOR OF SURAT - Gujarat
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Legal and Procedural Issues in Acquisition - Courts have noted procedural lapses, such as improper notices or failure to consider relevant evidence, which affect the validity of land acquisition. For example, amendments or claims without proper record examination have been deemed errors. Additionally, some judgments have overlooked the religious or cultural significance of graveyard land, impacting compensation and ownership determinations. Delhi Development Authority VS S. S. Aggarwal - Supreme Court, New Bhoiguda Mosque and Grave Yard Committee VS District Collector, Hyderabad - Andhra Pradesh, Risali VS State Of Haryana - Punjab and Haryana
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Compensation and Land Valuation - The valuation of land, including graveyard land, has been scrutinized. Courts have upheld certain compensation rates (e.g., Rs. 27 per sq. yard) when based on proper evidence, and rejected claims for higher values without sufficient grounds. The existence of a graveyard near acquired land has also influenced compensation considerations. Risali VS State Of Haryana - Punjab and Haryana, Hasanali Khanbhai And Sons VS State Of Gujarat - Supreme Court
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Ownership and Rights over Grave Yard Land - Several cases address whether land designated as a graveyard was legally acquired or used in accordance with religious and public trust principles. Some courts have ruled that land used as a graveyard prior to acquisition remains so unless proven otherwise, and that such land cannot be used for other purposes contrary to its religious intent. Disputes often involve whether the land was public or private property, and whether its status as a graveyard was established legally. MD. AMEER VS P. SHANKARAIAH - Andhra Pradesh, MIYA MOHAMED ABDULKARIM JARIWALA VS COLLECTOR OF SURAT - Gujarat, Mohd. Abdul Hammed Alias Khursheed VS Zulfikhar Ahmed - Andhra Pradesh
Analysis and Conclusion:
The overarching theme indicates that acquiring land designated as a graveyard is complex, involving legal, religious, and procedural considerations. Courts tend to scrutinize evidence of the land’s use and status, emphasizing that graveyard land, especially if used for burial in accordance with religious practices, generally retains its character unless convincingly proven otherwise. Procedural lapses, such as improper notices or failure to consider existing evidence, can invalidate acquisition efforts. Compensation is awarded based on market value and evidence of land use, but disputes often arise over the true nature and ownership of such land. Ultimately, the courts recognize the cultural and religious significance of graveyard land, making its acquisition legally sensitive and requiring thorough proof of its status.
Search Results for "Grave Yard Cannot be Accuired"
2001 0 Supreme(AP) 1539 • India - Andhra Pradesh
A.R.LAKSHMANAN, V.V.S.RAO
( 6 ) HAVING regard to the averments made by the Corporation in the counter filed by it, the contention of the learned Counsel for the appellant that the provisions of Section 3 (2) of the Act have not been complied with by the respondents in issuing the impugned notification, cannot ... ... ( 3 ) THE learned single Judge, on the first point held that it is clearly stated in the counter that notice calling for objections, if any, was affixed at the site proposed to be acquired and the same was also published in the local newspapers ... notification under ....
1978 0 Supreme(AP) 274 • India - Andhra Pradesh
C.ANANDA RAO, UGRA SHANKAR
But this principle is not applicable to revision petition as no vested right is created by the statute and it cannot ... No. 694 and 696, they cannot be given any weight as the learned Magistrate duriig his local inspection did not find any traces of the existence of grave yard in S. No. 695 and also the pahanies Exs. D-1 to D-4 or Exs. P-44 to P-48 did not mention about the existence of grave yard in S. No. 695. ... No. 694 is a grave yard. But they....
1993 0 Supreme(Gau) 109 • India - Gauhati
N.G.DAS
Whether the suit land was a Muslim grave yard? ... The defendants denied the existence of the pathway and claimed it was a grave-yard. ... The court held that if an easement appears to have been acquired either expressly or by necessary implication, it will amount to ... Issue No. 5 was also decided in favour of the plaintiffs as according to learned Munsiff it was admitted that the suit land was not situate within grave yard. ... ... (5) Is the suit land a Muslim #H....
2003 0 Supreme(AP) 1504 • India - Andhra Pradesh
P.S.NARAYANA
The plaintiff had ignored that as per the tenets of Islam, the grave yards land cannot be used except for burial of dead bodies of ... graves in the middle of grave yard - petitions allowed ... yard land against interest of Institution of the grave yard - Plaintiff and his henchmen, mostly camp inhabitants made attempts ... The plaintiff had ignored that as per the tenets of Islam, the grave yards land cannot be used except for bur....
2012 0 Supreme(All) 226 • India - Allahabad
SUNIL AMBWANI
Zamindari Abolition and Land Reforms Act, 1950—Section 4—Grave-yard Land—Used for burial—Determination of—Oral and documentary evidence ... and a wakf and to be used for purposes of connected with grave-yard—The defendants directed not to interfere with the plaintiffs ... which was dedicated to God Almighty for burial of the dead would continue to be retained as attached to the land which was a public grave-yard ... On the aforesaid discussion, the Court finds that a grave#HL....
1997 0 Supreme(P&H) 1215 • India - Punjab and Haryana
G.S.SINGHVI, M.L.SINGHAL
appreciate the documentary evidence and discriminated between the claimants by giving more compensation to those who had purchased the acquired ... Whether the learned Single Judge erred in awarding compensation at the rate of Rs. 27/- per square yard? 2. ... The Court held that the learned Single Judge did not err in awarding compensation at the rate of Rs. 27/- per square yard. ... ; and, as such the existence of an abandoned grave-yard near the acquired land, which the Wakf Board ha....
1995 0 Supreme(SC) 755 • India - Supreme Court
K.RAMASWAMY, K.S.PARIPOORNAN
extents of lands are sold in plots - True that purchasers hazarded to purchase lands in neighbouring survey numbers and have taken grave ... orphanage at outskirts of Municipality - Land Acquisition Collector awarded compensation by his award at rate of Rs 1.25 per sq. yard ... as against claim of Rs 18 per sq. yard - Dissatisfied therewith, on appellants reference court – Held, It is seen that when a large ... Collector{(1988) 2 SCC 150 } has settled the law that when sales of small lands are found to be germane sales in developed area b....
1996 0 Supreme(P&H) 1820 • India - Punjab and Haryana
R.L.ANAND
The property was acquired by the Central Government as evacuee property after the partition of India. 4. ... The property was acquired by the Central Government as evacuee property, and the Board did not challenge the acquisition. 6. ... Din son of Chirag Shah and against this khasra number it has been recorded as Ghair Mumkin grave yard. From this entry the Board cannot take the advantage that it was a public grave yard and that it was dedicated to Ahle Islam. ... ....
1976 0 Supreme(Guj) 109 • India - Gujarat
A.M.AHMADI
immemorial as alleged and said land was not property of public trust but it belonged to Municipal Corporation of as having been acquired ... It becomes clear from this entry made in the Government Record the genuineness whereof cannot be doubted that this land was being used as a grave yard even before May 2 1874 The authorities below were in error in concluding that the land was given for a grave yard by this entry made in Sud Register in ... For the same reason he came to the conclus....
2011 5 Supreme 513 • India - Supreme Court
ASOK KUMAR GANGULY, G.S.SINGHVI
judgment of High Court whereby appeals preferred by two groups of persons under Section 54 of Act were allowed and market value of acquired ... the appeals filed by assignees and then disposed off amendment application and that too without going through records- Another grave ... Another grave error committed by High Court in this regard was that it allowed amendment application without even adverting to the ... Shri Sharan lastly submitted that the landowners are entitled to just and reasonable compensation as of right and the assignees ....
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