Court : Allahabad
Reported in : AIR1973All37
..... permitted to bid at the auction who had obtained certificates from the industries department. the auction was, thereafter, held on the 28th september, 1971 in respect of certain areas and on the 12th october, 1971, in respect of others. the petitioner has challenged this auction and has prayed for quashing the same. a further prayer has ..... is given to acquire the land in accordance with the provisions of the land acquisition act. thereafter, a record of rights which are admitted is made under section 14 of the act. section 16 of the act provides for commutation of certain rights, which are of such a nature that exercise of those rights would be ..... initially agreed upon. referring to this mode of renewal, their lordships of the supremo court on page 1087 observed:'the classification based on the circumstance that certain existing contractors had carried out their obligations in the previous year regularly and to the satisfaction of the government is not based on any real and substantial .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All34
..... purpose. the provisions of section 134 of the u. p. z. a. and l.r. act are available to him for the acquisition of bhumidhari rights and after these rights are acquired, the provisions of sections 143 and 144 of the u. p. z. a. and ..... village takha west, tahsil shahganj, district jaunpur. out of the aforesaid area 31.34 acres were purchased in 1933, 8.52 acres in 1936 and 5.8 acres in 1953 under the land acquisition act and on this land the petitioner's sugar factory stands. in ..... this stated that the village was under a consolidation scheme and, therefore, no regular partal had been done after 1362 fasli. the area of 298 acres of land in village argupur kalan was said to have been taken on lease for growing sugarcane crop for the ..... large land holdings tax act, 1957, hereinafter referred to as the l. l. h. t. act in respect of both the areas of land in village takha west and village argupur. the petitioner filed objections thatboth the lands were acquired for industrial purposes and they did .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All87
..... that no tenure-holder, except with the permission in writing of the settlement officer (consolidation) previously obtained, shall 'use his holding or any part thereof' except for certain specified purposes. and as against this, in respect of transfer, the legislature has provided that no tenure-holders, except with the permission in writing of the settlement officer ..... land held under one tenure by a tenure-holder singly or jointly with other tenure-holders.' this definition has no connection with the source of acquisition of the tenure, and purports to include all land held under one tenure. so all land held as bhumidhar by a person in the consolidation ..... horticulture or animal husbandry including pisciculture and poultry farming; or (ii) transfer by way of sale, gift or exchange any part of his holding in the consolidation area.' (the portions have been underlined by me.) 16. the debate before us has been with regard to the correct interpretation to be placed upon the use of different .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2824
..... the ground that such an application was not maintainable in reference proceedings inasmuch as the applicants were not a party to the proceedings before the special land acquisition officer nor they had made any application for reference being made for determination of their right of compensation.6. i have heard counsel for the parties and ..... determined the compensation in respect of the land so acquired.5. on the application of the petitioner, the matter was referred under section 18/13 of the land acquisition act to the vith additional district judge, ghaziabad. (reference court). the said reference was registered as l.a.r. no. 26/79. in the aforesaid reference ..... .'10. it has further specifically been held by the hon'ble supreme court that whenever jurisdiction is conferred by a statute and such jurisdiction is given on certain specified terms contained therein, it is universal principle that those terms should be complied with in order to create and raise the jurisdiction and if they are .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC521
..... clearly lays down that when the notification under section 4 has been published in the gazette, all rights, title and interest of all the intermediaries in every estate in such area and in all sub-soils in such estates including rights, if any, in mines and minerals, whether being worked or not, shall cease and be vested in the state of ..... zamindari system which involved intermediaries between the tiller of the soil and the state in the uttar pradesh and for acquisition of their rights, title and interest and to reform the law relating to the land tenancy consequent upon such abolition and acquisition and to make provision for other matters connected therewith. the act was published in the gazette on 26.1 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All44
..... alone vested. where, therefore, a particular ferry, as the one in dispute in that case is unconnected with any estate acquired under the act, it will continue despite the acquisition of the zamindari under section 4 of the act to belong to its previous owner and that sub-clause (i) of clause (a) of section 6 will not entitle ..... being in force and save as otherwise provided in this act, the consequences as hereinafter set forth shall, from the beginning of the date of vesting, ensue in the area to which the notification relates. one of these consequences mentioned in sub-clause (i) of clause (a) is that in every estate all rights, title and interest of ..... p. against a decree passed against them by the courts below. that decree is for a declaration that the plaintiffs are entitled to catch fish in plot no. 968 area 314.24 acres which corresponds to plot no. 1788 of first settlement. it further restrains the defendants from interfering with the plaintiffs' right to catch fish.2. the plaintiffs' .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All23
..... this section. at first sight the argument is plausible but on closer consideration i find it without force. section 9 appears in chapter ii which deal's with the acquisition of the interests of intermediaries and its consequences. section 4 (1) lays down the conditions under which estates situate in uttar pradesh shall vest in the state. it ..... intermediaries' remain the owner's thereof till such notification is issued. section 6 refers to the consequences of the vesting of an estate in the state. section 7 saves certain rights in respect of the vesting of the estate in the state. we are not concerned with these rights and, therefore, they need not be detailed. section 8 declares ..... 2 of this section empowers the state government to issue the notification referred to in sub-section 1 in respect of only a portion of an estate or other area as may be specified. it is obvious, therefore, that unless a notification has been issued by the state government as provided in section 4, no estate situate .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All75
..... moreover, smt. sita devi had executed ten sale deeds in favour of the strangers on april 5, 1971 after january 24, 1971 i.e. the date for exemption and acquisition of surplus land, as contemplated under section 5(6) of the act. further, since the land being not benami was bona fide sold for the benefit of smt. sita devi ..... paragraph 7(c) (iv) of the writ petition of smt. sita devi about the point that the land covered by the sale deeds should be excluded while calculating the ceiling area of the petitioner smt. sita devi, and, the same point was also taken in the grounds of appeal which was specifically argued before the additional commissioner, respondent no. 1, ..... as to costs.'9. after the remand of the case, the prescribed authority again decided the case on march 17, 1986, and, at this subsequent stage also, an area, measuring 16 bighas 2 biswas and 19 biswansi of the land declared as surplus.10. against the aforesaid order two separate appeals were preferred one by sita devi and the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All136
..... and in accordance therewith, it could rightly be held that the legislation falls also under entry no. 18. but there being an entry no. 36 specifically dealing with acquisition, and in view of our conclusion as to the nature of the legislation, we hold that it falls under that entry.' (see also the case of saligram v. ..... the lands and buildings cannot be taken into consideration at all for the purpose of levying a tax under entry 42 of list ii, the plaintiffs have relied on certain observations of the learned chief justice in the abovementioned case of : [1952]21itr458(bom) and those observations are (p. 263); 'whereas the provincial legislature is competent ..... to them in the state list. it is well known that'the entries in the lists of the seventh schedule are designed to define and delimit the respective areas of legislative competence of the union , and state legislatures, and such context is hardly appropriate for the imposition of implied restrictions on the exercise of legislative powers, .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC3104
..... violated the rules and regulations with all impunity, obviously to please their political masters to modify the policies, violate the rules and regulations, or to suit certain vested interest. to justify their illegal acts, the concerned civil servants cannot take shelter of the cabinet decision or the directions and instructions of the political ..... exclusive, or whether it falls outside the area, especially if the rights of the third party are involved, where the courts would expect to form their own judgments (see erskine may's parliamentary practice ..... other hand, take the view that it is not for them to determine whether a parliamentary claim to privilege in a particular case falls within that area where what is claimed, is necessary to the discharge of parliamentary functions or internalto one or other of the houses, in which case parliamentary jurisdiction is .....
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