Court : Allahabad
Reported in : 1998(1)AWC1b; (1998)1UPLBEC114
..... of the legislature, to the contrary notwithstanding : provided that nothing in this section shall prevent, or be deemed ever to have prevented, the effect of any enactment relating to the acquisition of property, land reforms or the imposition of celling on agricultural land :' 3 repeal of u. p. act ix of 1959.---the government grants (u. p. amendment) act, ..... grants act. 1895, with the exception that all grants may not be of nazul estate. on one class of property there is sovereignty of the state or the union, acquisition by law also falls under this category. in the other, of lands held by the state (central, state or railways, as the case may be) on having been ..... may have been brought on the rent-roll at the time of the last settlement. sale by public auction to the highest bidder will not be sanctioned whenever the acquisition of the ground may be made the means of personal annoyance. in such cases the land should be sold at an equitable price to the person apprehending the annoyance. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All718
..... . on the other side, & it was not easy to say why cargo boats should be treated differently from coasting steamers or passenger ships. there was also no justification for discriminating between military messes & civilian clubs. the pull bench relied upon the cases of barbier, & lindsley. it observed that if ..... habitual criminals who have acquired a bad reputation & others who have not & the difference in the treatment meted out to them has no intelligible connection with the acquisition, or non-acquisition, of a reputation as bad character. there is no reason why habitual criminals who have not acquired a bad reputation should be dealt with under section 110 of ..... the special procedure prescribed for those who have acquired a bad reputation & the orders that may be passed against them under the act have nothing to do with the acquisition by them of a bad reputation. there is no reason why a habitual criminal who is sly & sleek & succeeds in concealing his criminality from the general public .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All33
ORDER1. The petitioner, Basant Kumar filed the present writ petition challenging the letter issued to the petitioner from the University of Allahabad informing him that in accordance with the provisions contained in the Ordinances on the use of unfair means and of causing disturbances in Examination, You have been awarded following punishment for attempting/ using unfair means at the B. A. II Examination 1992 :'Cancellation of your result of B, A. II Examination of 1992 and also debarment from corresponding (and any other) subsequent examination of 1993.'The petitioner has stated in his writ petition that no opportunity was afforded to the petitioner before coming to the conclusion that the petitioner was guilty of using unfair means and the impugned order has been passed in retaliation, as the petitioner has filed writ petition in this Hon'ble Court being writ petition No. 12896 of 1993, seeking permission of the High Court to appear in the Examination of B. A. Part-II, as no decision...
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All38
..... but the same could not be paid to the petitioner as the lucknow development authority had not deposited the necessary funds. the state and the land acquisition officer, as already held hereinabove, cannot deny payment of compensation on the ground of failure of the lucknow development authority to make available the necessary ..... therefore, fulfils a constitutional obligation. in the absence of a provision in the act for taking over possession of the notified or the acquired land the acquisition would have been futile. therefore, the act provides for interference with possession and taking over possession of the notified or acquired land. acquiring land without payment ..... he shall at once refer the dispute to the decision of the collector...... and suchdecision shall be final.'21. section 5a provides for filing of objection against acquisition and its hearing and disposal. right to file objections conferred on 'person interested' as defined in sub-sec. (3). sub-section (1) prescribes period .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All57; (1992)1UPLBEC746
ORDEROm Prakash, J.1. This writ petition is an apt example as to how the statutory object to secure preservation of environment and development of the residential colonies shown in the master plan, sought 19 be achieved by the State of Uttar Pradesh under the U.P. Urban Planning and Development Act, 1973 ('the Act' briefly) is defeated by the authorities, who lack dynamism, aestheticism and enthusiasm for development, though assigned the developmental duties.2. The Act, as the preamble shows, was enacted to provide for the development of certain areas of Uttar Pradesh according to plan and for matters ancillary thereto. The growth in Uttar Pradesh before this enactment was quite haphazard and, therefore, the Government felt that in the developing areas of the State of Uttar Pradesh the problems of town planning and urban development need to be tackled resolutely. As existing local bodies and other authorities in spite of their best efforts were inadequate to cope with these problems to...
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All52
ORDER1. Heard the present writ petition along with Civil Misc. Writ Petition No. 6238 of 1995 (Krishna Murthy Yadav and others v. University of Allahabad and others).2. The present writ petition was filed challenging the election result for the post of Vice-President of Students' Union of the University of Allahabad declared on 1-3-1995 in favour of the respondent No. 5 and for consequential reliefs.3. The writ petition was moved contending inter alia that the petitioner, a student of Allahabad University contested the election of students Union of the University scheduled on 25-2-1995 filing his nomination for the post of Vice-President. Election held on the date scheduled was followed by repolling of four polling stations on 26-2-1995 and upon counting of votes the Returning Officer declared the petitioner as elected having secured 17 votes more than his nearest rival candidate Mr. Utpal Rai, the respondent No. 5. The petitioner was administered oath on 27-2-1995 and the result of su...
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC65
ORDERPradeep Kant, J. 1. These are three writ petitions which required adjudication on common question of law. 2. Two writ petitions viz. ; Writ Petition Nos. 325 and 326 (MS) of 2000, filed on the same day after effecting service upon the opposite parties and after filing the counter-affidavits by the contesting parties. are being decided and finally disposed of with the consent of the parties counsel by a common order as the 'lis' is between the same parties which involves certain common question of law. Both the writ petitions have been filed by Govind Nagar Sugar Ltd. Walterganj, Basti [hereinafter referred to as 'Walterganj Mills' for short) against Balrampur Chini Mills Ltd. Babhnan district Gonda (hereinafter referred to as 'Babhnan Mills' for short). In both the writ petitions the orders passed by the State Government under Section 15 (4) of U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953. have been challenged. 3. The most important and common questions of law pre...
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All66
..... 18. during the course of argument, learned counsel for the appellant has given a chart showing the rate at which compensation has been awarded by the spl. land acquisition officer with regard to land in three villages. according to that chart, the maximum rate at which compensation had been awarded for some land is rs. 14,062 ..... orders. m/s. tata fertilizer ltd. also filed written statement on the ground inter alia that the claimants had accepted the compensation amount awarded by special land acquisition officer without protest and as such the reference was barred by principles of estoppel and acquiescence; that the acquired land was low-lying and unproductive; that the land ..... purposes; that looking to the quality and location of the land which was near the main road and the railway-station, the compensation awarded by the special land acquisition officer was inadequate; that the prevailing price of land in the area was rs. 70,000/- to rs. 80,000/- per acre and that the claimants were .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All31
..... for solatium is not discriminatory. therefore, the decisions of the supreme court are distinguishable. appellants are not entitled to solatium as provided under the land acquisition act.16. as regards payment of interest, arbitrator has directed payment of interest at the rate of 6% per annum which has become final. for ..... potentiality of being used as homestead of irrigated agricultural land is only payable to appellants (sic).10. three sale transactions between the period of requisition and acquisition, which have been filed as exemplers, are relevant for being considered. they are exts. 10, 11 and 12. land under these documents are under ..... (5) for the purposes of clause (1) of subsection (3) 'works' includes building, structures and improvements of every description. note in case of compulsory acquisition of property to notification under section 7(2), the party dispossessed is entitled to interest on compensation. 8. principles and method of determining compensation: (1) where .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All61
..... areas held or occupied for a public purpose or work of public utility and (either) declared as such by the state government or acquired under the land acquisition act............'15. the u. p. zamindari abolition and land reforms act has been made applicable generally to all areas with effect from january 26, 1951. certain ..... correct construction will be to read the alternative sentences as : 'areas held and occupied for a public purpose or work of public utility and acquired under the land acquisition act ...............' the absence of comma after'state government' also supports this interpretation.14. also because the main or opening part of clause (c) seeks to postpone ..... revenue. further, there is no evidence to show that this area was not under a separate engagement for payment of land revenue even before the land acquisition proceedings were taken. learned counsel for the petitioner, relying on the provisions of the revenue manual, contended that when the land was taken for the purpose .....
Tag this Judgment!