Court : Himachal Pradesh
Reported in : AIR1972HP7
..... it is held that the land has vested in the gram panchayat then as is rightly argued by the learned counsel for the appellant on the strength of (1964) 66 pun lr 629, it is the panchayat alone which has act the right to claim possession from the appellant under the decree and the respondents have ceased to have any right, title and interest in the land after the vesting of the land in the panchayat ..... in 1970 delhi lt 391, it was held that section 3 of the punjab village common lands (regulation) act 1953 as well as section 4 of the punjab village common lands (regulation) act 1961 had the effect of vesting in the panchayat all rights, title and interest whatever in the land which was included in the shamilat deh of the village ..... 107 of 1967 (delhi) also did not lay down that hilly areas were exempt from the scope of the punjab village common lands (regulation) act 1961 for all purposes ..... 370 of 1967 (delhi) the counsel for the appellant conceded that provisions of the punjab village common lands (regulation) act do not apply to the hilly areas and that section 14-a exempted the vesting of such lands in the gram panchayat ..... of delhi high court, it was argued that the punjab village common lands (regulation) act 1961 having come into operation after the decision of the lower appellate court, the land which had been found to be shamilat deh by the two courts below now vested in the panchayat under section 4 of the act and the respondent had now no right, title, or interest in the land .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP76
..... only relief which remains is the declaration sought by the plaintiffs that they are the owners of the areas transferred to them under section 27 (4) of the himachal pradesh abolition of big landed estates and land reforms act and of all the trees standing thereon, that declaration cannot be granted to them unless the portion of the compensation officer's order, which they challenge as invalid, is set aside. ..... therefore, the suit was in fact for injunction and under section 7 (iv) (c) or (d) of the himachal pradesh court-fees act, 1968 the suit was to be valued according to the amount at which the relief sought for was valued in the plaint and the court-fee was payable on such amount. ..... the learned counsel for the respondents then argued that a certificate of ownership was granted in favour of the plaintiffs under rule 16 of the rules framed under the abolition act, 1953. ..... it appears, the learned trial judge was not aware of the provisions of the amended limitation act and that js the reason he misdirected himself as to the correct article of the limitation act which was applicable to the facts and circumstances of the case.5. ..... the learned trial judge forgot that the new limitation act of 1963 was applicable and if at all the residuary article was to be applied, it is article 113 of the new act and the period of limitation is only 3 years and not 6 years. ..... 1953 (hereinafter to be referred as the abolition act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... the government where any dispute arises whether the amount determined by the special officer and payable in consideration of extinguishment of rights in the kutlehar forest is in conformity with the provisions of section 6 of the act; whether property belonging to, or any right, liability or obligation attaching to the grantee vests in the government and whether any agreement or other contract referred to in section 12 has been entered into bona fide or not.25 ..... the petitioner would not be entitled to any tree standing on the surplus land beyond thirty acres including private land under the provisions of the himachal pradesh ceiling of land holdings act, 1972, it has been admitted that the forefathers of the petitioner had raised claim to the trees grown on the land, however, the matter was concluded by notifications issued on the subject ..... even if article 14 has been made inapplicable in the context of articles 31a and 31c, fairness and reasonableness of the statute is open to examination on the ground whether the impugned act is just, fair and reasonable or arbitrary in nature; but alternative submission that article 31c is violative of basic features of the constitution, does not survive since the constitutional validity of this amendment ..... the himachal pradesh land revenue act, 1953 does not contain any definition of land, however, it defines 'estate' under section 4(5) in the following terms :--'estate' means any area : (a) for which a separate record-of-rights has been made; or .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP32
..... the rules, the file duly completed in all respects is to be passed on to the compensation officer for assessing anddetermining the amount of compensation in accordance with the provisions contained in sub-section (3) of section 27 of the act under rule 5, the compensation officer is to enter the various particulars in a register maintained by him and to assess and determine the amount of compensation and is to serve a notice to the concerned parties so as to ..... as follows: -- ' 'landowner' does not include a tenant or an assignee of land revenue, but does include a person to whom a holding has been transferred or an estate or holding has been let in farm, under this act for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear, and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion ..... estates and land reforms act, 1953 (hereinafter called the act) was enforced in himachal ..... into the question as to whether the disputed land fell within the definition of 'land' as defined in the act or whether the appellant was a landowner who held land (except the land under personal cultivation), the land revenue ..... as soon as the mutations of right, title and interest on the lands of a landowner vested in the state government, under section 27 of the act, have finally been attested by a revenue officer and entered in the record of rights, the revenue officer with the help of the revenue staff will .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1991HP29
..... the parties are put in possession of the lands which have fallen to their shares under the consolidation scheme and it is the duty of the authorities under the act to put the parties in the physical possession of the lands in accordance with the provisions of the act and the rules and no symbolical possession has been envisaged nor can the same be inferred being totally foreign to the object and implementation of the consolidation of holdings ..... it is stated that the proceedings under the himachal pradesh consolidation of holdings act, 1953 had been over before the filing of the present suit. ..... moreover, if the provisions of the consolidation of holdings act, 1953 and the rules are seen, it is apparent that as soon as the consolidation proceedings are over, as has happened in the present case, the consolidation authorities have no power and jurisdiction to hand over the lands to the ..... obviously, the defendants supported the trial court order and pressed into service the provisions of section 40 of the himachal pradesh consolidation of holdings act, 1953.7. ..... even otherwise, official acts are presumed to have been done in the manner prescribed and that very presumption is applicable to the present case. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1987HP71
..... of the land to the date of payment of such excess into the court, and that taking of possession under the section could only mean taking of possession in pursuance of or under the act, that is, when the possession of the land is taken by the government immediately after the collector makes an award, and that it is only from the date of taking of such possession that ..... the land acquisition (punjab amendment) act, 1953 (2 of 1954) (hereinafter referred to as 'the punjab act'), which received the assent of ..... law the liability to pay interest arises only on and from the day the collector becomes entitled to take possession under section 16 of the act and not earlier and that, therefore, the interest could not have been awarded for the period prior to june 1, 1983. ..... whether he takes possession under any of the provisions of the act or by private negotiations or otherwise in anticipation of valid proceedings under the act for the acquisition of the land in question.......even assuming' that the expression 'taking possession of the land' under section 28 of the act, would only mean taking possession of the land under or in pursuance of the act we do not see any reason why the taking of possession ..... in controversy was whether the amount of compensation awarded for the property acquired under the east punjab requisition of immovable property (temporary powers) act (48 of 1948) should carry a reasonable rate of interest from the date when the claimants lost possession of their properties. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP122
..... 27 of the himachal pradesh abolition of big landed estates and land reforms act, 1953 (hereinafter referred to as the act) in the state government on the passing of the act. ..... radha ballabhiji, air 1967 sc 1044, which says that when such an alienation has been effected by the shebait acting adversely to the interest of the idol, even a worshipper can file the suit, the reason being that the idol is in the position of a minor and when the person representing it leaves it in a lurch, a person interested in the ..... to give rehabilitation grant as envisaged under section 27 (5) of the act to small land-owners, whose right, title and interest have been extinguished and who do not have any other means of livelihood. ..... however, the contention raised by the learned advocate-general is that the petitioner had an alternative remedy under section 92 of the act by way of a suit. ..... the respondent, therefore, merely contested the petition on the ground of delay and laches as also on the ground that there was an alternative remedy by way of a suit under the abolition act.5. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP91
..... according to (1969 punj lj 95) where before the ejectment of the tenant was ordered, the tenant applied for the purchase of tenancy land under section 18 of the punjab security of land tenures act, the purchase application was dismissed after the ejectment order was passed upon which it was contended that the relationship of landlord and tenant did not come to ah end merely on the passing of ..... counsel for the appellant has tried to canvass that a tenant unless he is ejected in execution of a decree does not cease to be a tenant as the act is a welfare legislation enacted with a view to reform the law relating to tenancies and the same should have been construed in favour of the tenant. ..... application was made by the petitioner for the purchase of the land under section 18 of the punjab security of land tenures act, 1953 to the assistant collector, 1st . ..... namely--(a) when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains un-satisfied:provided that in respect of any arrears of rent due prior to the 26th february, 1953, the 'tenant shall not be liable to be ejected if he pays half of the amount of arrear on or before the 26th january, 1957. ..... but the principle can be usefully applied to the present case also that a tenant under the act must also possess the qualification at the time of the making of an application, at the time of depositing the compensation amount and at the time of the grant of the certificate and if he loses his status at .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1964HP14
..... respondent much reliance has been placed upon clause (d), referred to above, and it has been contended that if the intention of the legislature had been that the provisions of the act or for the matter of that section 11 thereof will not bind the government clause (d) would have been differently worded and would have run more or less as below:'a person ..... the other appeal filed separate applications under section 11 of the himachal pradesh abolition of big landed estates and land reforms act, 1953, hereinafter to be referred as 'the act', for the acquisition of proprietary rights in the land held by them as tenants.3. ..... it is a matter requiring serious consideration if the legislature could have intended that the government will not be bound by the provisions of the act and particularly by section 11 thereof when a statutory obligation has been cast upon the state government to transfer to the tenants upon pay ment of the prescribed compensation such land as ..... that no relationship of landlord and tenant subsisted between the parties, that the disputed land formed part of the protected forest under the indian forest act 1927 and that in any case proprietary rights could not be granted in respect of the trees. ..... government from acquiring proprietary rights it would not have provided, muchless in a mandatory language, that the land vested in the state government under section 27(1) of the act shall be transferred to the tenants of such land upon payment of the prescribed compensation. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1986HP63
..... the question before a division bench of the punjabhigh court was whether under section 23 of the punjab gram panchayat act, 1953, which is in pari materia with section 22 of the act, a gram panchayat had the power to impose a prospective recurring penalty at the stage of first conviction for the ..... to have the order set aside or duly modified, (2) if the owner/occupier//person in-charge does not perform such act(s) within the timefixed in the order or fails to appear and show cause, the conditional order shall be made absolute, (3) if the owner/occupier/person in-charge appears and shows cause against the conditional order, the ..... of the matters covered by clauses (a) to (h) of section 19(1), the gram panchayat may take such evidence, if any, as it thinks fit and may make a conditional order : -- (i) requiring the owner/occupier/person incharge to perform one or more of the acts, as the case may be, specified in clauses (a) to (h) within a time to be fixed in such order; or (ii) if he objects so to do to appear before it, at the time and place to be fixed by the order, and to move ..... must call the offender and impose the recurring fine on him from time to time as it becomes due'.the division bench proceeded to observe that many municipal acts contained provisions similar to those with which it was concerned and that the view taken by it was in line with the decisions of several high courts on such provision (see : .....
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