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Tarapada Hazari and ors. Vs. Revenue Officer and ors.

Court : Kolkata

Reported in : AIR1979Cal102,83CWN417

..... section 12 quoted above was substituted by the new section by west bengal land reforms (amendment) act, 1965 (xviii of 1965) which received the assent of the president having been published in calcutta gazette extraordinary dated july 31, 1965 ..... /1122 of khatian 415/3 contended that they had purchased the raiyati lands in 1948 long before the west bengal estates acquisition act came into force. ..... by section 5 of the west bengal land reforms (amendment) act 1965 the above section 12 was substituted by the new provision though without retrospective ..... the revisional settlement in the year 1955-56 these lands were recorded in the name of tarapada hazari, dukhiram hazari and biswanath hazari the petitioners before us under the tenure-holders, narendra nath chakraborty and others with raiyati sthitiban and with dalchali satwa undes the state under rule 4 of west bengal estate acquisition rules, 1954. ..... as the west bengal estates acquisition act, 1953, came into operation the interest of the landlords of the petitioners vested in the state with the result that they being raiyats became the raiyats under the state which was so recorded in ..... regulation xi of 1825 governed the rights of parties inter se as also of the government in respect of such lands till its repeal by the west bengal land reforms act 1955 (hereinafter referred to as l. r. ..... 33 of 1974 under section 44(2a) read with section 57 of the west bengal estates acquisition act by the revenue officer, tollygunge-i settlement 'c' camp. .....

Sudhansu Sekhar Maity and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1972Cal320

..... notification was issued in terms of paragraph 13 and in form 2 of the executive instructions contained in the west bengal land acquisition manual, 1951 part i. ..... two notifications under section 4 of the land acquisition act, 1894 (hereinafter referred to as the said act) and two consequent declarations under section 6 of the said act are the subject-matter of challenge in this rule. ..... state of gujrat, : [1968]1scr597 specifically held that the land acquisition act contemplates no second: opportunity for making a representation after the enquiry under section ..... affidavit had been sworned by the land acquisition collector himself and although the affidavit does not furnish any detailed information as to how the acquired lands are being used or for what actual avowed purpose the disputed acquisitions are being made such materials are to be found in the report submitted by the deponent of the said affidavit on an enquiry under section 5-a of the said act. ..... the constitution seventh amendment act, 1956 it was not necessary to make such a statement in the notification or the declaration, even if it was at all so necessary at a time when the constitution had not been so amended'. ..... dealing with this point it should first be noted that after the seventh amendment to the constitution both entries 33 & 36 respectively of the union list and the state list have now been deleted and entry 42 of the concurrent list has been appropriately amended to cover 'acquisition and requisitioning of property'. .....

B. Shankara Rao Badami and ors. Vs. the State of Mysore and anr.

Court : Supreme Court of India

Reported in : AIR1969SC453; (1969)1SCC1; [1969]3SCR1

..... [1964]6scr936 , in which madras lignite (acquisition of land) act (madras act xi of 1953), was held invalid on the ground that the provisions of the act relation to compensation violated article 31(2) of the constitution as it stood before the constitution (4th amendment) act, 1955 and that the principle laid down in the state of west bengal v. ..... the court, therefore, held in that case that the west bengal land development and planning act, 1948, which was enacted primarily for the settlement of immigrants who had migrated into west bengal due to communal disturbances in east bengal and which by section 8 provided that the compensation to be awarded for compulsory acquisition to the owner of the land was not to exceed the market-value of the land on 31st december, 1946, was ultra vires of the constitution and ..... another : [1965]1scr614 , in which the question was raised with regard to the validity of land acquisition (madras amendment) act, 1961 (madras act 23 of 1961). ..... article 31(2) before its amendment by the constitution (4th amendment) act reads as follows :- '(2) no property, movable or immovable, including any interest in, or in any company, owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under any law authorising the taking of such possession or such acquisition, unless the law provides for compensation for the property taken possession of or acquired and either fixes the amount of the compensation, or .....

Sri Kartick Chandra Mondal and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : AIR2005Cal16,(2004)3CALLT563(HC)

..... section 12 quoted above was substituted by the new section by west bengal land reforms (amendment) act, 1965 (xvii of 1965) which received the assent of the president having been published in calcutta ..... (4) do the lands in dispute come within the purview of the west bengal land reforms act as amended if so, is ..... of the land don't come under the mischief of the amended provision of section 12 of the west bengal land reforms act. ..... appears, the learned trial judge thoroughly considered the provisions of section 12 of the west bengal land reforms act (as amended) and the learned trial judge also considered the period of accretion of the land. ..... as the west bengal estates acquisition act, 1953, came into operation the interest of the landlords of the petitioners vested in the state with the result that they being raiyats became the raiyats under the state ..... is no way out but to accept if the entire evidence is scrutinised properly that the accretion took place long before 1965 and the plaintiffs should get advantage of the pre-amended act and the plaintiffs' title in and over the said land as well as their possession should be confirmed.37. ..... the estates of the landlords, the accession would be accretioned to the tenure of the raiyats of the landlord under section 4 of the regulation after the vesting of the estate under the estates acquisition act notwithstanding the fact the river subsequently silted up by the natural causes such as change of course at some point in the upstream.19. .....

Smt. Chinnubai Wd/O Durgaji Kamble and ors. Vs. Western Coalfields Lim ...

Court : Mumbai

Reported in : 2008(2)ALLMR440; 2008(3)BomCR134; 2008(2)MhLj706

..... land acquisition collector-is also taken into account and it was noticed that even though the west bengal land development and planning act, 1948, did not contemplate payment of solatium, still the solatium was allowed and the argument that section 8(2) of west bengal land development and planning act, 1948, excluded compensation by way of solatium was turned down. ..... hence, even in absence of notification dated 12/5/1989 the benefit of section 30(1)(a) of amending act 68 of 1984 or of section 23(1a) of land acquisition act must be made available to appellants and in that case date of award under section 14 of coal bearing act will be the relevant date. ..... benefit of section 30(1)(a) of amending act 68 of 1984 or of section 23(1a) of land acquisition act) need to be made available to appellants also & the circular dated 12.5.1989 insofar as acquisition under coal bearing act is concerned can not create any bar in that.9. ..... he points out that in view of this provision made in section 30(1)(a) of amending act 68 of 1984 of land acquisition act, very same scheme is also made applicable by the circular dated 12.5.1989 insofar as acquisition under coal bearing act is concerned. ..... hence, in land acquisition act one can say that acquisition proceedings end with award and hence section 30(1)(a) of land acquisition amending act, 1984 extends 23(1a) benefit to only pending proceedings i.e. .....

Rajendra Nagar Adarsh Grah Nirman S.S.Ld Vs. State of Rajasthan and or ...

Court : Supreme Court of India

..... one report or different reports has or have been made (wherever required) under section 5-a, sub-section (2): provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),-- (i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 but before the commencement of the land acquisition (amendment) act, 1984 shall be made after the expiry of three years from the date of the publication of the notification; or (ii) published after the commencement of the ..... 1 to 4 that by an appropriate notification dated may 14, 1955 issued under article 258(1) of the constitution the state government in west bengal was duly authorised by the central government to acquire land for the purposes of the union. ..... the societies have allotted the land to the plot holders/members from 1981 to 1983 and most of the members have constructed houses before the acquisition proceedings. ..... nirman sahakari samiti planning jagatppura first (mayur vihar) stating that the tenants of khasra no.280, 282, 284 and 291 girijadevi and rampal das swami sold and handed over the possession of the land to madrampura grih nirman sahakari samiti and gopalpura grih nirman sahakari samiti in 1981 and received the entire sale consideration. ..... khalid mujib sehravardi, (1981) 1 scc 722.55. .....

Board of Trustees for the Improvement of Calcutta Vs. Calcutta Improve ...

Court : Kolkata

Reported in : AIR1975Cal87

..... 1970 while by the amendment act, xxxii of 1955 which came into force from october 20, 1955, section 23(2) of the land acquisition act was deemed to be omitted therefrom and was not to be taken into consideration in making the award. ..... section 23 of the land acquisition act is therefore preferred to be amended by omitting sub-section (2) (clause 70 (c)). ..... the amendment act was not made retrospective in operation, so that the constitution amendment act will not apply to the acquisition before us which took place in or about 1964 or earlier. ..... 1911 for performing the functions of the court in reference to the acquisition of land for the board under the land acquisition act 1894 (hereinafter referred to as the tribunal). ..... the acquisition of the lands in dispute was made under the calcutta improvement act, 1911 which incorporates some provisions of the land acquisition act, 1894 including section 23(1) and (2) subject to modifications provided therein.2. ..... 1955 (west bengal act xxxii of 1955) which came in force on october 20, 1955 before sub-paragraph (2) of paragraph 9 of the schedule to the act, the following sub-paragraph was inserted-'paragraph 9. ..... in the statement of objects and reasons of tine relevant bill, resulting in the west bengal act xxxii of 1955, published in calcutta gazette extraordinary of august 28. ..... the learned judge at the hearing of the rule followed the bench decision of this court in state of west bengal v. .....

Madhusudan Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1984SC374; 1983(2)SCALE856; (1984)2SCC381; [1984]1SCR849; 1984(16)LC248(SC)

..... that the west bengal estates acquisition act, 1953 (hereinafter referred to as the '1953 act') could not be challenged the landlords waited for future litigations to swoop down on the validity of the west bengal land reforms act, 1955 (hereinafter referred to as the '1955 act') as amended by the west bengal land reforms (amendment) act, 1972 and the west bengal land reforms (amendment) act, 1977 (for facility, to be referred to as the 'amendment act of 1972' and 'amendment act, of ..... this case is yet another glaring illustration of such an adroit attempt made by the tenants-in-chief to deprive the actual tillers of the rights conferred on them by the land reforms acts of west bengal passed from 1953 to 1977, in view, however, of the modern trends of the decisions of this court, which always made a practical and pragmatic approach to any progressive step taken by the parliament, ..... was heritable and transferable, the institution of bargardars was introduced in order to enable the raiyats to cultivate their lands on a 50:50 basis, and3) that while the amendment act of 1972 and given a right to the raiyats to resume the lands given to the bargardars for their personal cultivation, the subsequent amendments took away this right and made the right of the bargardar both heritable and transferable causing serious detriment and ..... : [1981]2scr950 to which one of ..... : [1981]2scr1 which also proved to be an exercise in futility because the ratio of these cases is in no way of ..... : [1981]1scr206 .....

Nirmal Chandra Dutta Vs. Girindra Narayan Roy and ors.

Court : Kolkata

Reported in : AIR1978Cal492,82CWN1026

..... the said amendment act, inter alia alleging therein that on june 6, 1977 the first land acquisition collector, calcutta had requisitioned the disputed premises under section 3 of the act v of 1947 after the publication and service of notices upon all the parties concerned on that date, and that on the day following, that is, on june 7, 1977, possession of the disputed premises was delivered by the judgment-debtors to the said land acquisition collector, calcutta ..... for us to decide whether the caveat was filed in collusion with the judgment-debtors or not, but it is apparent that the interest of the judgment-debtors and that of the state of west bengal were not adverse to each other, but they had a common interest in opposing the execution of the writ of delivery of possession. ..... that is involved in this rule is whether the opposite party no, 3, the state of west bengal was entitled to lodge a caveat under section 148-a as introduced in the civil p. ..... in the application under section 148a, the state of west bengal did not refer to any application in respect of which the caveat was sought to be filed or the person who was expected to file or ..... came to the finding that the state of west bengal had locus standi to lodge a caveat under section ..... was contended by the petitioner that the state of west bengal had no locus standi to lodge a caveat under ..... obviously the object of the state of west bengal was to support the application for stay of execution of the writ of delivery of possession .....

The Special Land Acquisition Officer Vs. Mahesh Vadilal Gandhi and ors ...

Court : Mumbai

Reported in : 1993(2)BomCR419

..... ' by section 11(c) of the amending act it was provided that if no agreement could be reached between the parties, the amount payable for acquisition of the land under the said chapter shall be determined by the land acquisition officer on the footing of the net average monthly income referred to in sub-section (3) to be calculated in the manner and in accordance with the principles set out in the second schedule. ..... building repairs and reconstruction board act, 1969, acquisition under chapter vi of the act is deemed to be acquisition under land acquisition act, 1894 for all purposes subject to modification that the reference in sections 23 and 24 of land acquisition act to the date of the publication of the notification under section 4, sub-section (1) must be read as reference to the date of the publication of notification under section 4, sub-section (1) and the references to the time or date of the publication of the declaration under section 6 of land acquisition act 1894 must be read as reference ..... 105 of 1975 are entitled to benefit of section 23(1-a) of land acquisition act i of 1894 as amended, as well as benefit of section 23(2) and section 28 of the act as amended. ..... (5) whether the claimants are entitled to award of additional amount of solatium in view of the amendment to section 23(2) of land acquisition act 1 of 1894 by amending act no. ..... state of west bengal : [1979]1scr617 . ..... state of west bengal, : air1959sc488 . 30. .....