Judgment Search Results Home > Cases Phrase: land acquisition west bengal amendment act 1999 Page 1 of about 21,543 results (0.303 seconds)

Niva Halder and ors. Vs. the State of West Bengal and ors.

Court : Kolkata Appellate

..... 1-14/90-91 was initiated under act-ii of 1948 for acquisition of 6.85 acres of land and the same was handed over to the refugee rehabilitation department on 28th november, 1990.i) after the lapse of act-ii of 1948, the case has been converted to land acquisition act-i of 1894 under the provision of land acquisition (west bengal amendment) act, 1997.j) one rita dey and others filed a writ-petition being w.p. no. ..... for direction upon the respondents to take step for payment of compensation including enhanced compensation in respect of the land of the writ-petitioners and to declare that the writ-petitioners were very much entitled to get compensation of the requisition land.k) in compliance with the said judgment and order dated 11th january, 1999, no action had been taken and the mater was brought to the notice of the deputy secretary, refugee relief and rehabilitation ..... , a developer authorized by some of them to deal with the government to retrieve the land through negotiation.m) after promulgation of the 1997 amendment of the west bengal land (requisition and acquisition) act, 1948, the respondents had no legal authority to continue to hold the land of the writ-petitioners and the respondents are required to de-requisition the plot of land and hand over vacant possession to the petitioners which were requisitioned under section 3(1) of the west bengal land (requisition and acquisition) act, 1948.4. .....

Tapas Biswas Vs. Shyama Prosad Ghosal

Court : Kolkata

Reported in : (2008)4CALLT455(HC)

..... court (west bengal amendment) act xiii of 1999 by which section 18 thereof amended. ..... 347 wherein the division bench of this hon'ble court, after considering various provisions of the west bengal land reforms act and the west bengal land reforms and tenancy tribunal act and also after taking into consideration the earlier judicial precedents, ultimately held that the judicial officers who are functioning under the act of 1955 cannot, by any stretch of imagination, be treated as 'authority' as neither they ..... as according to the landlord/decree holder, since the 3rd judge, presidency small causes court, kolkata is an authority being functionary under section 2(b) of the west bengal land reforms and tenancy tribunal act and further since the order of eviction was passed by such a functionary, the ultimate order passed by such functionary can only be assailed before the tribunal constituted ..... decision of the earlier division bench of this court in pashupatiadhikary's case is considered minutely, then nobody can dispute that the concept of authority as per section 2(b) of the west bengal land reforms and tenancy tribunal act and further as to whether the munsifs and the district judges are the officers of the state and/or functionaries of the state or not, were not only directly involved in ..... decision made a distinction between the ultimate decision passed under section 30 of the land acquisition act and the decision passed under section 49(1) of the said act. ..... land acquisition ..... land acquisition .....

Babu Ram Vs. Naresh Kumar

Court : Punjab and Haryana

Reported in : (2006)144PLR529

..... further period of limitation, it was observed, is also specifically prescribed to make an application under section 8 of the west bengal land reforms act and for preferring appeals or revisions under the provisions of section 14-h, section 14-o(1), section 19(2) and rule 26 of the rules framed under the west bengal land reforms act either section 5 of the limitation act or its principles had been expressly and specifically incorporated. ..... specified landlord at the time of his death shall be entitled to make an application under this section to the controller-a) in the case of death of such specified landlord, before the commencement of the east punjab urban rent restriction (amendment) act, 1985, within one year of such commencement;b) in the case of death of such specified landlord, after such commencement, but before the date of his retirement, within one year of the date of his death;c) in the case ..... : [1996]2scr366 , wherein it was held that the land acquisition collector is not a court and, therefore, the provisions of section 29(2) of the limitation act, 1963 cannot be applied in view of the specific limitation prescribed in proviso to section 18(2) of the land acquisition act. ..... , after the pronouncement of the judgment in section manohar singh's case, the hon'ble supreme court has considered the judgment in mukri gopalan 's case (supra), in the context of the provisions of the maharashtra rent control act, 1999 (maharashtra rent act - for short) in the case of parkash h. .....

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... it will be noticed that both section 4(3) and section 6(2) of the west bengal land reforms act, 1955 stood deleted by the west bengal land reforms (amendment) act, 1971 (president's act 3 of 1971) and thereafter by the west bengal land reforms (amendment) act, 1972 with retrospective effect from february 12, 1971 ..... here it is the west bengal land reforms (amendment) act, 1971 (president's act 3 of 1971) and now the west bengal land reforms (amendment) act, 1971 (w.b ..... it will be noticed that the second proviso to article 31-a(1) refers to the ceiling limit applicable to him , which evidently refers to the law in question and not earlier law, that is section 6(1) of the west bengal estates acquisition act, 1953 ..... vs steel authority of india , a two judge bench of this court considered the expression for the time being in force in the context of an arbitration agreement and agreed with the view of the high courts of 34 (1980) 4 scc71635 (1999) 9 scc334166 part h bombay and madhya pradesh, which had held that the expression not only refers to the law in force at the time when the arbitration was entered into but also to any ..... the argument was that this expression must mean the west bengal estate acquisition act, 1953 only ..... tika ramji (supra), the argument was that the expression industries should be construed as not only including the process of manufacture or production but also activities antecedent, such as acquisition of raw-material and subsequent, such as the disposal of finished products. .....

Hindusthan Consultancy and Services Ltd. Vs. State of West Bengal and ...

Court : Kolkata

..... the amendment, that is, section 10b of the act of 1947 provided that a requisitioned portion would stand automatically derequisitioned after expiry of a period of five years from the date of coming into force of the west bengal premises requisition & control (temporary provisions) second amendment act, 1947. ..... the firs.land acquisition collector, calcutta was directed to make over possession of the suit premises after evicting the occupiers therefrom as expeditiously as possible and to assess the rent compensation in respect of the suit premises for the period under requisition by the order dated august 18, 1999. ..... the premises were requisitioned under the west bengal premises requisition & control (temporary provisions) act, 1947. ..... on november 9, 1949 the state of west bengal, the defendant no.1 herein, requisitioned 1,000 square feet on the north western portion of the ground floor of premises no.p-13, mission row extension, calcutta presently known as 27, r.n.mukherjee road, kolkata ..... during the pendency of the instant suit acquisition proceedings were initiated. ..... such acquisition proceedings were quashed by an order dated july 11, 2002 passed in w.p.no.999 of 2001. ..... the period of six months fixed by the order dated august 18, 1999 expired on february 17, 1999. ..... such writ petition was disposed of by an order dated august 18, 1999. ..... the plaintiff, thereafter, approached this hon ble court under article 226 of the constitution of india by way of a writ petition being w.p.no.1086 of 1999. .....

S.P. Anand and anr. Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Reported in : AIR2002MP51; 2002(1)MPHT520; 2002(1)MPLJ213

..... petitioners have preferred this writ petition against respondents challenging constitutional validity of insertion of '60 years' in article 334 constitution of india in place of '50 years' by the constitution 79th amendment act, 1999 from 25-1-2000. ..... land acquisition officer, aurangabad and anr. ..... (air 1998 sc 1344), assistant collector of central excise, chandan nagar, west bengal v. ..... 982 of 1999 by order dated 9-9-1999 = 2000(1) m.p.h.t. ..... 988 of 1999) dated 9-9-1999 = 2000(1) m.p.h.t. ..... 1882 of 2000 and asserted that order of division bench, dated 9-9-1999 is nullity. .....

Punalur Paper Mills Ltd. Vs. West Bengal Mineral Development And Tradi ...

Court : Supreme Court of India

..... date of such requisition: provided that the benefit of this section shall not be available until after the expiry of a period of five years from the date of coming into force of the west bengal premises requisition and control (temporary provisions) (second amendment) act, 1986.3.as a result of the operation of section 10b of the west bengal requisition act, any property requisitioned under the act had to be released by the state government on or before the expiry of a period of 25 years from the date of requisition. ..... 4 7.without pursuing the section 4 notification of 12.08.1999, another notification for the same property was issued on 04.08.2000, under section 4 of the land acquisition act, this time invoking the urgency provision under section 17(4) thereof, as follows: in exercise of the powers conferred by sub-section (4) of section 17 of the land acquisition act, 1894 (act i of 1894), the governor is pleased to direct that the provisions of section 5a of the act shall not apply to the lands as described in the schedule above to which in the opinion of the governor, the provisions ..... therefore, the division bench rightly held that at best this order could possibly refer to the acquisition proceedings that had already been initiated by the notification of 12.08.1999 under section 4 of the land acquisition act. .....

Hindustan Consultancy and Services Ltd. Vs. Union of India (Uoi) and o ...

Court : Kolkata

Reported in : (2003)2CALLT302(HC)

..... said premises in question which was earlier requisitioned by the state of west bengal under the provisions of the land acquisition act, 1894 and therefore, the postal department cannot remain in possession at the said premises in question particularly when the requisitioned premises stood automatically released from the requisition after the expiry of 5 years period from the date of coming into force of the west bengal premises requisition and control (temporary provisions) (second amendment) act, 1896. ..... said premises, if so advised.however, i am not giving any liberty to the respondents nor am i passing any order which will have the effect to preventing the state respondents from taking steps lawfully under the provisions of land acquisition act or any other provisions of law.in the facts and circumstances of the case, there will be, however, no order as to costs.let xerox certified copy of this judgment be made available to the respective parties, if applied ..... calcutta region also requested the secretary, land and land reforms department, government of west bengal lastly on 22nd june 1999 for finalisation of the acquisition proceeding. ..... the state respondents, however, sought to justify the invocation of the provisions of section 17(4) of the said act on the ground that by an order dated 18th august 1999 prabir samanta, j. ..... finally decided by the order dated 18th august 1999 passed by prabir kumar samanta, j.6. ..... dated 18th august 1999, prbir kumar samanta ..... 18th august 1999 expired on .....

Khitish Chandra Kamila Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2004(1)CHN387

..... tribunal it appears that the tribunal has made an effort to pass an order by-passing the binding judgment and decrees and orders of this court on the strength of section 57b(2)(c) of the west bengal estates acquisition (second amendment) act, 1973. ..... section 44(2a) of the west bengal estates acquisition act, the writ petition ..... enacting appropriate legislation, cannot set at naught a judicial decree in which the state authorities had taken a plea of maintainability or abatement of the suit in view of the bar under section 57b(2) of the west bengal estates acquisition act, 1953. ..... learned judges of the division bench considered the scope and effect of section 57b of the west bengal estates acquisition act. ..... said suit it was declared that the record-of-rights in respect of 'ga' schedule properties showing as vested land of the state of west bengal is wrong and the right of the plaintiff for 1/4th share in respect of 'ka' schedule properties ..... , reported in 2003(1) chn 1, reiterated the same princing posing the question whether the tribunal under the west bengal land reforms and tenancy tribunal act had the jurisdiction to nullify the effects of a decree passed by the civil court, the court held that the tribunal had no such power and it will exceed its jurisdiction if it seeks to nullify ..... 13950(w) of 1999 was filed by the petitioner and it was this writ petition which was transferred to the tribunal and was taken up by the tribunal as transferred application and it was on this transferred .....

Sitala Prasad Jaiswal and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2004)1CALLT302(HC)

..... sanction the plan on the property of the factory, or permission of the related department of the state government under section 4b, 4c, 4d of west bengal land acquisition act.the matter of the permission of the urban land ceiling and regulation, act has to be considered once more. ..... section or shall of his own motion take steps to revise any entry, if an appeal against an order passed by a revenue oficer on any objection made under sub-section (1), has been filed before the commencement of the west bengal estates acquisition (second amendment) ordinance, 1957, before a tribunal appointed for the purpose of this section, and, notwithstanding anything in this section, any such appeal may continue and be heard and disposed of as if the ..... relevant part of the order dated 12.5.1999 passed by the competent authority in the aforesaid urban land ceiling case being barrackpore case no. ..... /5245 initiated against the petitioners in the court of competent authority, barrackpore under section 6 of urban land ceiling act the competent authority on 12.5.1999 passed an order that the aforesaid urban land ceiling proceeding drawn up in the names of sitala prasad jaiswal and three others was dropped and as such there is no urban land ceiling proceeding in respect of the land held by sitala prasad jaiswal and three others as there is no excess vacant land. ..... the earlier part of this judgment, i have already recorded that by an order dated 12.5.1999 passed by the competent authority in barrackpore case no. .....