AI Overview...
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Land Acquisition and Discrimination - The petitioners' house and factory were acquired, but land of similarly situated persons was released, indicating possible discriminatory and arbitrary practices by authorities. The policy of selective acquisition suggests pick and choose methods, raising questions about fairness and consistency in land acquisition procedures. Sukhdev Sharma Etc. VS State Of Haryana - Punjab and Haryana
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Part of Land Acquired Under Land Acquisition Act - In some cases, only a part of the property was acquired, with subsequent rights and compensation being considered under the Land Acquisition Act, especially in relation to property rights of Hindu widows and court-allocated lands. Sagi Surayamma VS Land Acquisition Officer - Andhra Pradesh
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Procedure and Compensation Issues - Several cases highlight non-compliance with statutory procedures, failure to pay fair compensation, and issues arising from land submergence or use for infrastructure projects like dams. Proper adherence to Sections 4, 6, and 11 of the Land Acquisition Act is crucial for validity and fair compensation. AHIR KARSHAN KARA VS STATE OF GUJARAT - Gujarat, Land Acquisition Collector, Hppwd VS Ishwar Singh - Himachal Pradesh
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Delay and Employment Rights - Some petitioners sought employment based on ancestral land acquisition, but delays and procedural lapses affected their claims. Courts emphasized following prescribed procedures and clarified that reservation of rights must be explicitly stated. Vikas Kisku VS Central Coalfields Limited through its Chairman-cum-Managing Director - Jharkhand
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Land Classification and Use - Acquired land for industrial purposes may be reclassified or used differently over time, but subsequent private sales or leases do not alter the original acquisition's validity. Ownership and possession issues depend on proper notification and adherence to legal formalities. Sanjay Tyagi VS State of Rajasthan - Rajasthan
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Ownership and Possession Post-Acquisition - Even if ownership vests in ancestors, possession and specific land rights may be affected by acquisition proceedings. Cases show that possession is often taken by authorities, and plaintiffs' claims for declaration or injunction depend on possession status and legal possession rights. NORTH DELHI MUNICIPAL CORPORATION VS PRASHANT NARULA - Delhi, MUNGAMURU LAKSHMIDEVAMMA VS LAND ACQUISITION OFFICER, AND REVENUE DIVISIONAL OFFICER, KAVALI - Andhra Pradesh
Analysis and Conclusion:
Part of Khara Number can be acquired under the Land Acquisition Act, but the process must follow statutory procedures, ensuring fair compensation and non-discriminatory practices. Acquisition does not necessarily extinguish ownership, especially if possession or rights are contested or if land is partially acquired. Courts have emphasized the importance of legality, transparency, and fairness in land acquisition, and claims related to land rights post-acquisition depend on proper procedural adherence and possession status.
Search Results for "Part of Khara Number can be Acquired under Land Acquisition"
1992 0 Supreme(P&H) 895 • India - Punjab and Haryana
G.R.MAJITHIA
, whereas the petitioners house and factory have been acquired. ... Whether the acquisition of land was discriminatory and arbitrary? 2. ... that the land of similarly situated persons was released from acquisition, while theirs was not. ... excluded from the acquisition, whereas the petitioners house and factory have been acquired. ... It is averred that the authorities have adopted the policy of pick and choose in releasing some of the land from #H....
1969 0 Supreme(AP) 55 • India - Andhra Pradesh
A.D.V.REDDY
LAND ACQUISITION - HINDU SUCCESSION ACT, 1956 - SECTION 14 (1) AND 14 (2) - INTERPRETATION - ENLARGEMENT OF RIGHTS OF HINDU WIDOW ... Subsequently, part of the property was acquired by the Government under the Land Acquisition Act, and the compensation amount was ... - APPLICATION TO PROPERTY ACQUIRED UNDER COMPROMISE DECREE - EFFECT OF SUBSEQUENT STATUTORY RIGHTS. ... This land acquired, formed part of the lands allotted to her by the court under a ....
2007 0 Supreme(Guj) 379 • India - Gujarat
J.M.PANCHAL, ABHILASHA KUMARI
Land Acquisition - Bhogat Bandhara Dam - Land Acquisition Act, 1894 - Section 4, Section 6, Section 11 Fact of the Case: ... acquisition proceedings and compensation. ... Issues: Non-compliance with land acquisition procedure, failure to pay compensation, and submergence of lands used for dam ... Khara, Deputy Executive Engineer, Salinity Control Sub-Division, Jam Khambhaliya, Jamnagar has filed affidavit in reply to the petition wherein it is mentioned inter alia that the supplementa....
2022 0 Supreme(Jhk) 596 • India - Jharkhand
SUJIT NARAYAN PRASAD, SUBHASH CHAND
The writ petitioners sought direction for appointment on the grounds of land acquisition by their ancestors. ... Delay Condonation - Employment Dispute - Coal Bearing Areas (Acquisition & Development) Act, 1957 - Act, 1957 - Summary: The court ... The case involved an intra court appeal against an order related to the employment dispute under the Coal Bearing Areas (Acquisition ... In the application or in the affidavit submitted by her for seeking employment, it does not appear that she had reserved her right for seekin....
2010 0 Supreme(Raj) 940 • India - Rajasthan
JAGDISH BHALLA, M.N.BHANDARI
Rajasthan Urban Improvement Trust Act, 1959, Sec. 52(1)(2) and (4) — Land Acquisition — Notification issued u/Sec. 52(1) and (2) ... was acquired which includes structures — Held — Subsequent lease or sale of land by private person is of no meaning — Person having ... possession of the part of land be treated as trespasser. ... It was found that Laxmi Vilas Hotel is not the part of acquired land, however, at Item No.3 of the conclus....
2020 0 Supreme(HP) 163 • India - Himachal Pradesh
VIVEK SINGH THAKUR
Land Acquisition - Compensation - Land Acquisition Act - Section 4, Section 18 - Standing Orders - [COMPENSATION] - [LAND ACQUISITION ... Issues: The issues involved the determination of compensation for acquired land, the relevance of the average value of land ... Final Decision: The court modified the award and allowed the appeal, determining the compensation for the acquired land at ... determining the market value of the #HL_S....
1985 0 Supreme(AP) 7 • India - Andhra Pradesh
M.JAGANNADHA RAO, P.RAMACHANDRA RAJU
The land was acquired on 16-10-1979. ... Fact of the Case: In 1953, the 2nd claimant orally sold the acquired land to the sons of the 1st claimant for Rs. 1,20,000 ... The vendees acquired a valid title by virtue of Sec. 27 of the LIMITATION ACT, 1963 to the property by 1965. ... acquisition proceedings. ... Acquisition notification dt 6-10-1979 was issued. ... We have therefore no hesitation in coming to the conclusion that the 1st claimant s sons acquire....
2006 0 Supreme(Del) 882 • India - Delhi
The possession of the acquired land was taken on 13. 1. 97 and it was decided that possession of the khara number in question would be taken later on. ... Growing number of cases which are being filed by the claimants for non- payment of the awarded compensation to them for acquisition of their land is a matter of concern. ... Upon following the prescribed procedure, the Land Acquisition Collector made his award under Section 11 of ....
2024 0 Supreme(Raj) 982 • India - Rajasthan
MANINDRA MOHAN SHRIVASTAVA, SHUBHA MEHTA
acquisition for industrial purposes, the subsequent development plans, and the legal framework surrounding land use classifications ... Fact of the Case: The petitioners sought to convert acquired industrial land into a ... The land was originally acquired for industrial purposes, but the petitioners argued for its reclassification based on environmental ... It is not in dispute between the parties and also clearly borne out from the pleadings made that way back in the year 1979, the ....
2016 0 Supreme(Del) 3721 • India - Delhi
VALMIKI J.MEHTA
vest with the forefathers of plaintiff no.2 - Even if the ownership continue to vest of the specific khasra number - Ownership of ... the suit land - Suit for declaration and injunction simplicitor would not be maintainable - Specific khasra numbers continued to ... land is not with the plaintiffs - Defendant no.1 is in possession of the suit land - Once the plaintiffs are not in possession of ... on account of acquisition of the suit land. ... He stated that he was u....
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