Judgment Search Results Home > Cases Phrase: displaced persons compensation and rehabilitation act 1954 repealed chapter i preliminary Sorted by: recent Court: us supreme court Page 1 of about 14 results (0.113 seconds)

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

..... of constitutional courts, when 30 part vi confronted with such a scheme of things, would not just be to strike down the discriminatory practices and compensate for the harm hitherto arising out of them; but also structure adequate reliefs and remedies that facilitate social redistribution by providing for positive entitlements that ..... the entrenched and cumulative nature of group inequalities. 21 the constitution mandates the replacement of fundamental wrongs with fundamental rights.22 through its provisions, it displaced a centuries-old caste-based hierarchical social order that did not recognize the principle of individual equality .23 it negated the ideals of social hierarchy ..... . the court declared that for a death in sewer lines, compensation of rs. 10 lakhs should be given to the family of the deceased . it was emphasized that persons released from manual scavenging should not have to cross hurdles to receive compensation or rehabilitation due under the law . 216 1995 insc99217 2014 ( .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... . under the coal act 1938 all interests in coal (except interests arising under a coal mining lease) were vested in the coal commission in return for compensation. these interests (including coal-mining leases) were vested subsequently in the national coal board, then in the british coal corporation, and finally, (following the ..... the idea of a provision yielding place to another provision or other provisions to which it is made subject.45 therefore, where the constitution intends to displace or override46 the legislative powers of the states, it has used specific terminology subject to . however, the constitution has also indicated the extent to ..... shall subject to the provisions of this act and rules framed thereunder levy tax, by notification published in the official gazette on land being by any person, group of persons, company, the central government or the state government, local or corporate body for mining, commercial or industrial purposes with the prior approval of the .....

Kaushal Kishor Vs. The State Of Uttar Pradesh Govt. Of U.p. Home Secre ...

Court : Supreme Court of India

..... other purpose . tortious liability:49. in india, the government can be held liable for tortious acts of its servants and can be ordered to be paid compensation to the persons suffering as a result of the legal wrong. article 294(b) of the constitution declares that the liability of the union government or the state government may ..... placito (during pleasure) has no application in india. this decision was followed in state of rajasthan vs. mst. vidhyawati113, which involved a claim for compensation by the widow of a person who was fatally knocked down by a jeep owned and maintained by the state. when sovereign immunity was pleaded, this court observed in vidhyawati (supra): ..... of the state of arunachal pradesh. it was the case of the petitioner therein that a large number of chakmas from erstwhile east pakistan (now bangladesh) were displaced by the kaptai hydel power project in 1964. they had taken shelter in assam and tripura. most of them were settled in these states and became indian .....

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

..... of ec for the scrutiny of ngt. the scheme of 2010 act, as found in sections 17-19, provides for a host of remedies to the aggrieved persons, including compensation and other reliefs depending on the injury. section 20 lays down the basic principle on which the tribunal is expected to exercise its jurisdiction. it states thus: 20 ..... from arbitrariness, irrationality, bias and malice. (emphasis supplied) in state of madhya pradesh v. narmada bachao andolan271, the court was dealing with an issue of rehabilitation of persons displaced due to the construction of the dam. it went on to observe that judicial interference in a policy matter is circumscribed, in the following words: 36. the court cannot ..... dam as that was the only solution available to it for providing water to the water-scarce areas. it was known at that time that people will be displaced and will have to be rehabilitated. there is no material to enable this court to come to the conclusion that the decision was mala fide. a hard .....

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

..... issues of rehabilitation and resettlement of displaced persons. as land acquisition and rehabilitation and resettlement were two sides of the same coin, a single integrated law to deal with the issues of land acquisition and rehabilitation and resettlement was necessary. the the right to fair compensation and transparency in land acquisition, ..... land acquisition, especially multi-cropped irrigated land and there is no central law to adequately deal with the issues of rehabilitation and resettlement of displaced persons. as land acquisition and rehabilitation and resettlement need to be seen as two sides of the same coin, a single integrated law to deal ..... and resettlement issues as intrinsic to the development process formulated with the active participation of affected persons and families. additional benefits beyond monetary compensation have to be provided to families affected adversely by involuntary displacement. the plight of those who do not have rights over the land on which they are .....

Indore Development Authority Vs. Shailendra (Dead) Through Its Lrs. An ...

Court : Supreme Court of India

..... filed writ petitions questioning the acquisition of the lands. the single judge dismissed these writ petitions on 14.01.2008. the high court held that rehabilitation of displaced persons was a prerequisite to submerging any of the villages in the dam. thus, such a situation did indeed warrant urgency under section 17 (1); further, ..... conduct is of filing litigations, delaying the passing of the award or obtaining stay of the proceedings; such action would tantamount to refusal to accept compensation, and the person then may not even be entitled to higher rate of interest as envisaged under section 34.44. while making statutory interpretation, inconsistency and repugnancy is ..... have been contested up to this court or even in the high court having lost the cases or where reference has been sought for enhancement of the compensation. compensation obtained and still it is urged that physical possession has not been taken from them, such claims cannot be entertained under the guise of section 24 .....

Shri Girish Vyas and anr. Vs. the State of Maharastra and ors.

Court : Supreme Court of India

..... collector of 24 parganas (supra) the notification under section 4 of the west bengal land development and planning act was issued for settlement and rehabilitation of displaced persons. subsequently the land was utilised for establishment of a hospital for crippled children, which was held to be not vitiated. in union of india v. jaswant ..... the planning authority, or development authority or appropriate authority, as the case may be, shall be deemed to be a person interested in the land acquired; and in determining the amount of compensation to be awarded, the market value of the land shall be assessed as if the land had been released from the ..... condition and accordingly directions can be given to the pmc for taking the following necessary action:- 1. the pune municipal corporation should recover the amount of compensation paid earlier, for acquisition of final plot no.110 at earndwane together with the structures, with simple interest. 2. the state government should issue directions .....

Haji Siddik Haji Umar and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1983SC259; 1983(1)SCALE48; (1983)1SCC408; [1983]2SCR249

..... haji umar kasam through the custodian, saurashtra on july 3, 1954. this decision again was not questioned in any court. a notification under section 12 of the displaced persons (compensation and rehabilitation) act, 1954 was issued in respect of the properties in question on june 8, 1955. no further effective action appears to have been taken by ..... by the union of india on the orders passed on the application made under section 16 of the act, the notification issued under section 12 of the displaced persons (compensation and rehabilitation) act, 1954 and section 46 of the act which barred the jurisdiction of the civil court to decide the questions raised in the suit.12 ..... of the act.23. there is a further hurdle in this case which has arisen on account of the publication of the notification under section 12 of the displaced persons (compensation and rehabilition) act, 1954 in respect of the suit properties on june 1, 1955. on the publication of such notification, the right, title or interest .....

Regents of Univ. of California Vs. Bakke

Court : US Supreme Court

..... [ footnote 43 ] a number of distinct subgoals have been advanced as falling under the rubric of "compensation for past discrimination." for example, it is said t.hat preferences for negro applicants may compensate for harm done them personally, or serve to place them at economic levels they might have attained but for discrimination against their forebears. ..... score less well than do disadvantaged whites. [ footnote 2/62 ] these statistics graphically illustrate that the university's purpose to integrate its classes by compensating for past discrimination could not be achieved by a general preference for the economically disadvantaged or the children of parents of limited education unless such groups were ..... louisiana, 165 u. s. 578 (1897); lochner v. new york, 198 u. s. 45 (1905). in that cause, the fourteenth amendment's "one pervading purpose" was displaced. see, e.g., plessy v. ferguson, 163 u. s. 537 (1896). it was only as the era of substantive due process came to a close, see, e.g .....

Elrod Vs. Burns

Court : US Supreme Court

..... . s. 563 (1968). and in sherbert v. verner, 374 u. s. 398 (1963), unemployment compensation, rather than public employment, was the government benefit which could not be withheld on the condition that a person accept saturday employment where such employment was contrary to religious faith. similarly, the first amendment prohibits limiting the grant ..... of public employment eventuated in the pendleton act, [ footnote 7 ] the foundation of modern civil service. and on the state and local levels, merit systems have increasingly displaced the practice. [ footnote 8 ] this trend led the court to observe in csc v. letter carriers, 413 u. s. 548 , 413 u. s. 564 ..... the compulsion of support for the incumbent political party. indeed, unlike the legislation tested in buckley, the practice of patronage does "focus on the ideas expressed by persons or groups subjected to [it]. . . ." ibid. and, contrary to o'brien's proscription, under patronage, "the alleged governmental interest in regulating conduct .....