Court : Punjab and Haryana
Reported in : AIR2001P& H261
..... .129. from the material on record, it is clear that the land regarding which the details have been given in the petitions is only a part of the total area under acquisition. still further, it has not been shown that people who had purchased property, even in the recent past, had any role to play in the final decision as ..... the plough is being acquired. however, the land that falls within the 'lal lakir' has structure thereon. it is used for residence. it has been excluded from the area under acquisition. on the fertile land being acquired, the inhabitants would be left with no source of livelihood. the landowners may get compensation, but a large number of persons who are ..... been produced as annexres p-1 and p-2 with the writ petition. in one of the connected cases the copies of all the notifications relating to the entire area under acquisition have been placed on record as annexures p-1 to p-29 with the writ petition.7. the petitioners allege that the notifications are in derogation of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H54
..... that the climate of uncertainty, diffidence and disrespect, had given rise to serious threats to law and order and observed that :--'there does not bear rational nexus with the necessity for issuing a proclamation with a view to dissolving the legislative assemblies of the states'.the hon'ble judge laid ..... lastly, the power conferred on the president, that is, the central government, being a limited power, its exercise would, within the narrow minimal area which we shall indicate later, be subject to judicial reviewbility. these are the safeguards which must ally the apprehension that the central government may act want ..... visiting of gurdwaras, temples, courts of law for getting justice, visiting hospitals going to public places of entertainment and amusement, shopping and marketing in commercial area, attending colleges and universities for educational purposes have been threatened and intimidated. the government stands helpless.' after referring to the killing of terrorists in encounters, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H96
..... respective contentions which may be briefly considered.11. in union of india v. kas karanpura colliery co. ltd; air 1969 sc 125, a notification under section 4 of coal bearing areas (acquisition and development) act, 1957, was challenged within six months of the notification. it was held that this delay was not sufficient to refuse a relief to the petitioner under ..... .5. in pritam singh v. state of punjab 1976 lj 2, it was not clear from the report of the patwari as to place or the area where the proclamation by bear of drum had been made. consequently, the notification under section 4 and 6 of the act were quashed by the division bench.6. in the present case ..... of a byepass at muktar in faridkot district. according to the same, objections in writing could be lied by the interested persons with in 30 days before the land acquisition collector. this was followed by another notification under section 6 of the act (p-2) which was published on 26th october, 1079. the legality of these two .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H102
..... not competent to make a law authorising the union government to acquire land and rights in or over land which are vested in a state and that the coal bearing areas (acquisition and development) act (xx of 1957), enacted by parliament and particularly sections 4 and 7 thereof were ultra vires the legislative competence of parliament. dealing with ..... a. another notification no. glg/sp/auc/1173/73-74/3075-c dated feb. 22, 1974, was issued by the state government for the auction of saltpetre bearing areas in the state of haryana. that notification also falls and is quashed. the auctions held in pursuance of that notification are, therefore, of no effect.17. ..... of mines and minerals under the control of the union, would by necessary implication include the power to acquire mines and minerals. power to legislate for acquisition of property vested in the state cannot therefore be denied to the parliament if it be exercised consistently with the protection afforded by article 31.'according to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H79
..... of a mine or of land for that purpose and embodies basic idea of payment for use of mine or of premises with acquisition of title to served mineral as incidental.23. here we may advert to some of the indian decisions, where the word 'royalty ..... short term permits in respect of minor minerals are contained in chapters ii and iii of these rules, chapter ii , which bears the heading 'grant of mining leases/contracts/short term permits in respect of land in which the minerals vest in the government'. ..... lease or in any law in force at such commencement, pay royalty in respect of any mineral removed by him from the leased area afater such commencement , at the rates for the time being specified in the first schedule in respect of that minor mineral. ..... for some special service rendered or some special work done for the benefit of those from whom payments are demanded.'53. in hingir-rampur coal co., ltd. v. the state of orissa, air 1961 sc 459, gajendragadkar, j., ()as he then was) while considering .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H356
..... now to entertain a contrary opinion. in order to refrain from burdening this judgment i proposed to refer briefly only to the celebrated english and american authorities bearing directly on this point over the last century. as early as 1888 in the authoritative pronouncement of the house of lords in lord provost and magistrates of ..... it was submitted that 'murrum' was a substance found entirely in parts of south india and was non-existent in the northern region and particularly in the area in which the petitioner-firms carried on the work of brick manufacture.7. a slight digression becomes necessary. in appreciating the above argument we found that the word ..... includes all kanker (calcareous carbonate of lime), stone, marble, gypsum, fire-clay, china-clay, lime-stone, slate, boulders, shingle, gravel, rori and bajri, but excludes coal, the ores of metal, earth, oil, gold and salt and all minerals the extraction of which is governed by the punjab mining manual; and it also includes sand in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H50
..... 1971. on 25th february, 1971, a notification was issued by the department of industries, haryana, notifying for the information of the general public that saltpetre bearing areas in various villages, detailed in that notification, including village mayoli which is mentioned at serial number 19 and with which village we are concerned in this writ ..... petitioners, therefore, has no force. 29. thus, so far as villages panihari and musaibwala are concerned, according to the wajib-ul-arz, saltpetre and saltpetre bearing earth vest in the government and consequently, the notices issued for the auction of the lands by the state government are valid civil writs nos. 1318, 1319 ..... 1318 and 1320 of 1971, relating to village panihari, dealt with above. the entry runs as follows :--'the quarries of metals, stones, kankar, coal, saltpetre and saltpetre bearing earth which is over or below the land will all belong to the state.'36. these two entries are obviously contradictory. if the income from saltpetre .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H480
..... no different if he cultivates the self-acquired land belonging to a female or the land which she inherits from somebody. if differentiation is made qua the source of acquisition of land, it would have no relationship with the object of classification. something which the legislature cannot do because of the bar of article 14 of the constitution a ..... failure to avail the right by the persons enumerated as pre-emptors under sub-section (2), is the significant question of law that requires answering.51. the solitary fact bearing upon the question posed and which needs noticing to view the legal proposition in right perspective is that the pre-emptors in all the four r. s. as. nos. ..... unamended s. 15. the rest of the provisions of s. 17 would further indicate that the right was given only with regard to the land comprised in the surplus area in the hands of big landowners. again, this right was conferred only on tenants who had held the land in continuous occupation for four years or more. there .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H301
..... necessary power for sound and planned urbanization and its selective use undoubtedly advances that purpose.87. i must, however, sound a sharp note of caution. it bears repetition that the power of resumption is the ultimate civil sanction and must, therefore, be a weapon of last resort. inevitably it should be used with ..... government are constructing a new capital named 'chandigarh'. the master plan providing for the future extension of the capital will extend over a much greater area than the area acquired so far, for the construction of the first phase of the capital. to ensure healthy and planned development of the new city it is ..... national capital were pointedly assailed on the basis of the fundamental right to property. repelling the attack and upholding the constitutionality of section 19 of the slum areas (improvement and clearance) act 1956, their lordships spelt out the following two guidelines (amongst others) for approaching the issue to constitutionality in this context :--'(i .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H30
..... in view of peculiar facts and circumstances of the case, we have opted to put some restrictions upon the acquisition and transfer of the land of the petitioner to the private respondents or other stone crushers. we have been ..... pp. 1114-15 of air):-'whenever a problem of ecology is brought before the court, the court is bound to bear in mind article 48-a of the constitution, the directive principle which enjoins that 'the state shall endeavour to protect ..... directions:--'(1) the mechanical stone crushers established/operating in lal kuan, anand parbat, rajokri, tughlakabad and in any other area of the union territory of delhishall stop operating/functioning with effect from august 15, 1992. no stone crusher shall operate ..... deposited in the lungs and produce fibrosis. this produces respiratory disability and decreased work efficiency. while anthracosis is common in coal miners, silicosis occurs in those exposed to the silica dust namely the workers involved in mining, pottery work and .....
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