Judgment Search Results Home > Cases Phrase: land acquisition act 1894 section 24 matters to be neglected in determining compensation Court: jammu and kashmir

Ghulam Mohd Matta and anr. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2006(3)JKJ552

..... facts of the present case. in case before orrisa high court, court had allowed interest on the amount of compensation. section 35 of the j&k; land acquisition act make provision for payment of interest from the date of taking over of possession. in the present case possession was taken over in the year 1999 and compensation ..... .4. it is settled law that a person can be deprived of his property required for public purpose in accordance with procedure established under law. land acquisition act contain procedure for acquisition of the property required for public purpose. it also defines public purpose for which property can be acquired. there is no dispute regarding the fact ..... of the award because possession was sought to be taken after passing of the award. with regard to challenge under sections 12, 15 and 23 of the land acquisition act is concerned, it is stated that provision contained in these sections for assessment of value as on the date of issuance of declaration under section 6, is .....

Ghulam Mohd Zargar and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : AIR1990J& K65

..... on the basis of this authority it is convened that development act has no application. that act may provide development of areas. the govt. is competent to acquire the land under the land acquisition act because acquisition of land is to be made in accordance with the provisions of land acquisition act.8. in arnold rodricks v. state of maharashtra air 1966 ..... and real and we cannot say that the area is not required for public purpose. however, while saving the notification under section 4 of the land acquisition act, we have noticed serious omissions committed by the respondents with regard to compliance with the mandatory provisions of law. section 5(a) has not beencomplied ..... . 3. on visiting the office of respondent no. 3 petitioners are said to have been informed that declaration under sections 6 & 7 of the land acquisition act pertaining to the properties in question has already been made. petitioners were asked to vacate the possession of their shops and houses in pursuance of the said .....

Mohd. Maqbool Dar and anr. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : AIR2005J& K45,2004(3)JKJ443

..... from issuance of the notification till passing of the award have been completed. respondent-state has also invoked section 17(1) of the land acquisition act before completion of the acquisition proceedings. land of the petitioners has been specified in all the notifications issued under sections 4, 6, 7, 9, 9a, 17(1) and ..... petitioners till date. award also indicate the property of the petitioners amongst the acquired property. respondents have invoked the provisions of section 17 of the land acquisition act and sought affidavits from the petitioners to hand over the possession of their property. however, they have refused to pay compensation for the acquired property. ..... 3. section 46 of the j&k; land acquisition act 1990 permits the govt. to withdraw from the acquisition of any land of which possession has not been taken. however, sub section (2) makes the govt. liable for payment of compensation due .....

People's Welfare Society J and K Vs. State of J and K and Ors.

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ94

..... was stated to be the evacuee property in control of the custodian department. the government accordingly issued notification under section 4 of the state land acquisition act for acquisition of land measuring 7 kanals 6 marlas and 15 sft falling under survey nos. 224/176/151/113-min(one kanal and 15 sft), 176, ..... questioned on any count whatsoever because specific provisions exist in the state land acquisition act and land acquisition rules for public purposes, which provide for such transfer. learned counsel referred to section 32 of the state land acquisition act and rule 55 of the land acquisition rules for public purposes to justify state respondent's action of entering ..... acquired and had not misused its authority, regard needs to be had to the provisions of section 32 of the state land acquisition act and rule 55 of the state land acquisition rules for public purposes. provisions of the aforementioned section and the rule are reproduced hereunder for facility of reference:32. payment .....

Haji Mohammad Akram Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2007(2)JKJ234

..... because the collector had failed in his statutory duty to get the notification published in government gazette as mandated by section 4(b) of the state land acquisition act. according to the learned counsel, petitioners' filing objections in answer to the notification of the collector would not cure the defect of the non publication ..... and affixed on prominent places in the concerned villages. the respondents say that filing of objections to the notification under section 4 of the state land acquisition act by number of persons amply proves that wide publicity had been given to the notification. denying the plea of the petitioners that the notification was ..... april 1997 was published in government gazette on 10th of april 1997. this amendment act of 1997, besides introducing other amendments in the state land acquisition act, amends section 4 of the state land acquisition act. this amendment reads thus:2. amendment of section 4, act x of samvat 1990:clause (c) of sub-section (1) of section .....

Collector Land Acquisition, theIn Dam Project Vs. Sunit Sharma and ors ...

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ146

..... for the appellant, submits that the award made by the learned district judge, on reference under section 18 of the state land acquisition act, 1990 (hereinafter referred to as the land acquisition act), was nullity in law because the same had been passed in favour of a dead person and the legal representatives of ..... and other provisions of the land acquisition act. reading all the provisions of the code of civil procedure in the land acquisition act would render the provisions of the land acquisition act ineffective and meaningless. such provisions of the code, which work against attaching finality to the acquisition proceedings contemplated by the land acquisition act, cannot, in my opinion, ..... the deceased respondent, which award according to the learned counsel was nullity in law. relying on section 51 of the state land acquisition act and rule 59 of the land acquisition rules for public purposes, learned counsel seeks to invoke order xxii of the code of civil procedure, to support his .....

Union of India (Uoi) Through Defence Estates Officer Vs. Mst. Freeni B ...

Court : Jammu and Kashmir

Reported in : 2005(2)JKJ22

..... of india, air 2003 sc 1140, the court changed this view and held:'the provisions of the land acquisition act are, ex facie not applicable for determination of compensation under the 1952 act. the provisions of the land acquisition act and the 1952 act are, thus, pari materia. section 23 of the land acquisition act, 1894, on the hand, lays down the factors which are required to be taken into consideration in ..... determining the amount of compensation. the mode and manner in which the compensation payable for acquisition of land under the 1952 act and land acquisition act, 1894 are, thus, distinct and .....

Sian Dass and ors. Vs. Collector Land Acquisition and ors.

Court : Jammu and Kashmir

..... r/1.'2. the learned counsel for the petitioner submits that as a notification under section 4 of the land acquisition act came to be issued and as the petitioners were not in a position to sell the land, therefore, they have suffered loss. it is submitted that in view of the provisions of section 46 of ..... the j&k; land acquisition act the petitioners are entitled to some compensation. for facility of reference this section is being reproduced below :' 46. completion of acquisition not compulsory but compensation to be awarded when not completed. (1) except in the case provided ..... it is not in dispute that proceedings were initiated under the land acquisition act ( hereinafter referred to as the act). notification was issued under section 4 of the act on 23 of march 1998. further notifications were also issued under sections 6 and 7 of the aforementioned act. later on the department for whose benefit acquition was being made .....

Collector Land Acquisition Vs. 3rd Additional District Judge and ors.

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ556

..... the compromise arrived at between the parties. the reference court, while disposing of the case, also directed the collector, land acquisition to pay interest to the claimants under section 35 of the state land acquisition act no. x of 1990 at the rate of 6% for the first year and after taking of possession at the rate ..... to the interest as the amount had not been deposited by the collector, as provided under section 32 of the state land acquisition act, 1990 (1934 ad) (hereinafter for short referred to as 'the act'). the learned district judge vide the impugned order held that merely by filing the revenue deposit refund bill and not depositing ..... is totally without jurisdiction. in urban improvement trust, jodhpur v. gokul narain, air 1996 sc 1819, the reference court by applying the provisions of the land acquisition (amendment) act, 1984, awarded solatium, interest and additional amount under sections 23(2), 28 and 23(1a). it was contended that the order awarding additional benefits has .....

Rajiv Puri and anr. Vs. Naranian Mohalla Welfare Ass. and ors.

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ1

..... authority for construction of public park in mohalla naraina.notification no. 60-rd of 1994 dated 26.4.1994 issued under sections 6 and 7 of land acquisition act for acquisition of land measuring 5950 sft comprising kh. no. 75 min situate in estate rehari, jammu by the revenue department vide its endst. no. rev (laj ..... the lease hold right of the lessee. the government, therefore, directed that the land be acquired under the jammu and kashmir land acquisition act (hereinafter referred to as act) and notification under section 4 of the act was issued by the director, land management. the matter was referred to revenue department for issuance of notification under ..... be curtailed even by invoking the doctrine of promissory estoppel. the land acquisition act itself provides in unequivocal terms as to when it becomes impossible to withdraw under section 46 of the act. similar view has been taken by the apex court in special land acquisition officer, bombay v. godrej and boyce, air 1987 sc 2421 .....