Judgment Search Results Home > Cases Phrase: land acquisition west bengal amendment act 1981 Page 9 of about 20,494 results (0.266 seconds)

Sankar Lal Shaw and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1988)2CALLT228(HC)

..... purpose of requisitioning the property is of a permanent character and where the government has also the power and the opportunity to acquire the property or a part thereof especially upon the fulfilment of the conditions of section 49(1) of the land acquisition act (as amended by the west bengal act 32 of 1955) to the extent applicable, if the government chooses not to exercise that power nor attempts to exercise that power to achieve its purpose, then that would be bad not because the government would ..... the purpose of rationing offices of jorasanko and shyampukur is of a permanent or perennial nature and character' and such need cannot be fulfilled by taking recourse to the 'order of requisition', passed under the provisions of the west bengal premises requisition and control (temporary provision) act, 1947, and the respondents in fact have committed fraud upon the statute by passing the order of requisition, and on this ground alone, the writ, petition is entitled to succeed, and necessary directions ..... 17, girish avenue, calcutta, or in the alternative to acquire the same by passing notification under the provisions of the land acquisition act, 1894 (act i of 1894) and consequently prayer was added, whereby prayer was made for commanding the respondents authorities to release the premises no. ..... union of india, : [1981]2scr533 .20. ..... ray, j, by his lordship's order, dated august 13, 1981. .....

Kolkata Metropolitan Development Authority. Vs. Gobinda Chandra Makal, ...

Court : Supreme Court of India

..... land acquisition act 1894 (`la act' for short) was amended by west bengal act 7 of 1997 (with effect from 2.5.1997) inserting sub-sections (3a) and (3b) in section 9 of la act whereby it was provided that in regard to lands possession of which had been taken on requisition under the wb requisition act, the proceedings initiated under the wb requisition act would stand converted to proceedings under la act upon ..... lands belonging to the first respondent along with surrounding lands were requisitioned by the state government under section 3(1) of the west bengal land (requisition & acquisition) act, 1948 [for short `wb requisition act'] ..... development authority (for short kmda) and the state of west bengal (`state' for short) relate to determination of compensation for acquisition of the following three lands for east calcutta area development project, falling under mouza madurdaha, (jl no.12), district 24 parganas (south) within the limits of kolkata municipal corporation : dag (plot) area in cottahs/chitaks area in acres classification of land no. ..... kmdc and the state of west bengal have challenged the said decision of the high court in these appeals by special leave, raising the following four contentions: (i) the first respondent had himself relied upon the four sale deeds relating to beel lands that is sale deeds dated 8.1.1999, 8.1.1999 and 29.3.2000 relating to plot no.417 and sale deed dated 25.6.1999 relating to plot no.445 disclosing a price of ` 70,000, ` 70,000, ` .....

Sambu Nath Ghosh and Others Vs. State of West Bengal and Others

Court : Kolkata

Reported in : AIR1991Cal19

..... -chandra, : [1968]1scr401 (supra) and bearing in mind the distinction between 'requisition' and 'acquisition' as also the provisions of west bengal amended s. ..... 49(1) of the land acquisition act (as amended by the west bengal act) to the extent applicable, if the government chooses not to exercise that power nor attempt to exercise that power to achieve its purpose, then that will be bad not because the government would be acting without power of requisition but the government might be acting in bad faith. ..... first land acquisition collector reported in : [1985]1scr686 , wherein supreme court held that where the property is required for a permanent purposes, the state cannot be requisitioned under the provision of west bengal premises requisition and control (temporary provision) act, 1947 (referred to as the said act). ..... it was further stated that 'land and land reforms department under west bengal act v of 1967 requisitioning the entire premises ..... order is passed without prejudice to the rights of the respondents to acquire the property under the provisions of the land acquisition act, if they are so advised. ..... 4 of the land acquisition act was published in calcutta gazette dated the 30th july, 1974 for acquisition of the said ..... view of the decision of the supreme court mentioned above, the property could not be requisitioned for this purpose under the provisions of the said act but this is a purpose for which the respondents could only invoke the provisions of land acquisition act.11. .....

M/S. Abhijit Tea Company Pvt. Ltd. Vs. M/S. Terai Tea Company Pvt. Ltd ...

Court : Kolkata

Reported in : AIR1995Cal316

..... by not awarding the statutory allowance and the interest in accordance with the amended provisions of the land acquisition act, the court below had committed an error apparent on the face of the ..... passed by the land registration collector, jalpaiguri, in a proceeding initiated by united bank of india under the west bengal estate acquisition act, 1953.52. ..... 28 of the land acquisition (amendment) act of 1984, which had come ..... true scope of the instant review petition, it is necessary to consider the following relevant facts :--on 27th october, 1964 the government of west bengal granted lease of the land over which dharanipur tea estate is situated, to one dhirendra nath bhowmick, since deceased, for a period of 30 years, at yearly ..... it was argued that the act of 1948 as amended in 1978 incorporatedthe provisions of section 23(2) of the land acqusition act as it stood before the amendment, subsequent amendment in section 23(2) of the land acquisition act can have no effect in determining compensation for land acquired under section 4 of the requisition, and acquisition act.86. ..... 5 herein for valuable consideration and since 14th may, 1981 the said pal became the controlling shareholder of the said two companies and three tea estates including ..... on 14th may, 1981, dhirendra nath bhowmick, since ..... on 4th february, 1981, the bhow-micks created mortgage over the dharanipur tea estate as well as the red bank group of tea estates infavour of united bank of india and confirmed that the title ..... 1981 .....

Mathura Prasad Rajgharia and ors. Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1971SC465; (1970)3SCC730

..... appearing on behalf of the state of west bengal not to express our opinion on the meaning of the expression 'disposition of the land' as used in rule 9 of the schedule to the calcutta improvement act, 1911, as it stood at the date when the land was declared to be needed by the calcutta improvement trust under section 6 of the land acquisition act, 1894. 12. ..... with the previous sanction of the state government acquire land under the provisions of the land acquisition act, 1894, for carrying out any of the purposes of this act' section 70 provides: a tribunal shall be constituted, as provided in section 72, for the purpose of performing the functions of the court in reference to the acquisition of land for the board under the land acquisition act, 1894' section 71 provides: for the purpose of acquiring land under the said act for the board,- (a) the tribunal shall (except ..... view taken by us, without expressing any opinion on the question whether within the meaning of rule 9 of the schedule to the calcutta improvement act, 1911, disposition of the land at the date of the publication of the declaration relating thereto under section 6 of the land acquisition act justifies the court in taking into account the potentialities of the land, we are of the view that the conclusion of the tribunal was not vitiated by any such error as would attract the jurisdiction of the ..... applied for a reference under section 18 of the land acquisition act as amended by the calcutta improvement act, 1911. .....

M.M. Yunus and ors. Vs. the Calcutta Tramways Company Ltd. and anr.

Court : Kolkata

Reported in : (2002)3CALLT568(HC)

..... said act of 1976 was amended by the calcutta tramways company (acquisition of undertaking) (amendment) act, 1978 (west bengal act ..... roychoudhury argued that the suit was filed on january 16, 1981 and the same was pending on february 1, 1983 and as such under the provisions of section 4(4) of the calcutta tramways company (acquisition of undertaking) act, 1976, the suit could be continued and proceeded with ..... instituted on january 16, 1981, that is, long after enactment of the calcutta tramways company (acquisition of undertaking) act, 1976. ..... not appear, but, on march 26, 1981, an application was filed on behalf of the undertaking of the calcutta tramways company limited praying for its addition as a party defendant in the said suit contending that in view of the provisions of the calcutta tramways company (acquisition of undertaking) act, 1976 the undertaking of the erstwhile calcutta tramways company limited has been transferred to and vested in the government of west bengal and the undertaking of the calcutta ..... 1981 the suit was maintainable against the calcutta tramways company limited when the undertaking of the calcutta tramways company limited was transferred to and vested in the state government with the promulgation of the calcutta tramways company (acquisition of undertaking) ordinance, 1976 on november 8, 1976.i, therefore, do not find any substance in this second appeal, which is accordingly dismissed without, however, any order as to costs.xerox certified copy of this .....

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... for consideration because learned counsel for the appellant did not contest the position that after the enactment of the 17th amendment to the constitution, and the inclusion of west bengal act i of 1954 among those specified in schedule ix, the absence of a provision for compensation for the acquisition of the appellant's rights would not render the west bengal act or the acquisition thereunder unconstitutional,'the observation of the supreme court in ram kissen sinha's case indicate that even a law regarding ..... learned counsel questioning the validity of one of the provisions namely, section 2-a along with section 44-a of the amendment act with regard to the constitution of surplus land determination tribunals made a complaint at the foot of the directive principles as contained in article 50 that the principle of separation of executive and judiciary though fundamental principle of governance as enunciated by that article is being violated because the land is being taken for the purposes of state and the state itself has been ..... presumed to know all these facts and their far-reaching effects on the material resourcesof the community or economic system which subserves the common good so as to enact limits of viable unit of land and permit the persons to till the same and to acquire surplus land for public purposes and to permit landless persons to take the same which in turn would better effectuate the agricultural production and do away concentration of economic resources like .....

Kamalabai Harjivandas Pareka Vs. T.B. Desaid and anr.

Court : Mumbai

Reported in : AIR1966Bom36; (1965)67BOMLR85

..... to us on an analysis of these decisions are as follows:'1 in all case governed by article 31 prior to its amendment of by the constitution (fourth amendment) act, 1955 the compensation payable for acquistion of any land must be the fair and just equivalent of what is being taken or the market value of the property on the date ..... the amendment of article 31 by the constitutional (fourth amendment)act, 1955, the law still it that what is to be paid for the acquistion of property by the state of is the true equivalent or the market value of the property to be acquired, and that fixing of an arbitrary date on which such property is to be valued, which date of is anterior to the date to acquisitioned is ..... west bengal land development and planning act ..... undertaking shall be taken possession of or acquired for public purposes under any law authorizing the taking of such possession or such acquistion unless the law provides for compensations and for the property taken possession of or acquisition or specifies the principles on which and the manner, in which the compensation is to the be determined and given'now it is argued that clause (2) of art 31 says that no property shall be taken ..... the 'just equivalent' therefore any law for acquisitions would not be paid to a citizen prior to the fourth amendment would necessarily be ultra vires of article 31. ..... 31 was amended in 1955, for in the present case the acquisition of is 1952, and under ..... amendment equivalent of the property taken by acquisition. .....

Meerut Development Authority, Etc. Vs. Satbir Singh and Others, Etc.

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)164; AIR1997SC1467; JT1996(9)SC382; 1996(7)SCALE470; (1996)11SCC462; [1996]Supp6SCR529; 1997(1)LC29(SC)

..... the west bengal state legislature emended it by west bengal amendment act, 1973 and prescribed a punishment of imprisonment for life for the selfsame offence under section 16(1) of the act ..... it is also seen that in relation to the state of uttar pradesh, land acquisition (amendment) act 5 of 1991 has been brought into force w.e.f ..... - notwithstanding any judgment, decree or order of any court, tribunal or other authority, no acquisition of land made, or purporting to have been made, under the principal act before the commencement of this act and no action taken or thing done (including any order or declaration made, agreement entered into or notification published) in connection with such acquisition, which is in conformity with the provisions of the principal act as amended by this act shall be deemed to be invalid or ever to have been invalid merely on the ground that declaration ..... notification under section 4(1) of the land acquisition act, 1894 (for short, the 'act') was published on june 11,1985. ..... , it was pointed out that the lands left out were agricultural lands which could be acquired under the land reforms act and that, therefore, they had not resorted to the acquisition under the land acquisition act ..... . the same would be taken note of by the land acquisition officer at the time of passing the award and would be dealt with ..... . the land acquisition officer is directed to pass the awards within a period of six months from the date of the receipt of the order of this .....

Mir Fakir Mohd. Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1978SC1072; (1978)2SCC36; [1978]3SCR9; 1978(10)LC149(SC)

..... now, section 14k(e) of the west bengal land reforms act (as amended) defines an 'orchard' to mean :a compact area of land having fruit bearing trees grown thereon in such number that they preclude; or when fully grown would preclude, a substantial part of such land from being used for any agricultural purpose ..... leave to appeal under article 136 of the constitution, against an appellate judgment dated 21st july, 1976 of the high court at calcutta, is, whether a bamboo garden or banana plantation is an 'orchard' within the meaning of section 6(1)(f), of the west bengal estate acquisition act, 1954 (hereinafter referred to as the act). ..... section 2(p) of the act provides :(p) expressions used in this act and not otherwise defined have in relation to the areas to which the bengal tenancy act, 1885, applies, the same meaning as in that act and in relation to other areas meaning as similar thereto as the existing law relating to land tenures applying to such areas, permits ..... purshotham chatterjee, appearing for the petitioner contends that 'orchard' has not been defined in the act, and we must, therefore, interpret the expression 'orchard' in its popular sense and not in the strict botanical sense, as the high court has ..... 's new world dictionary, also, gives its meaning as 'an area of land, generally enclosed, devoted to the cultivation of fruit trees, nut trees' ..... view of clause (p) of section 2 of the act, it will not be wrong to look to this definition in the land reforms act, for guidance. .....