Judgment Search Results Home > Cases Phrase: resettlement act 1949 Court: andhra pradesh Page 1 of about 1,943 results (0.042 seconds)

Pestonji D. Baria and ors. Vs. Government of A.P. and anr.

Court : Andhra Pradesh

Reported in : 1998(1)ALD38; 1997(6)ALT381

..... was in india on the 7th day of may, 1954, shall, unless he came to india under a valid permit for permanent return or for permanent resettlement, issued under the influx from pakistan (control) act, 1949 (xxiii of 1949), be deemed to have been resident in pakistan on the 7th day of may, 1954, within the meaning of clause (b) of the first proviso. ..... or agreement under which any evacuee property is held or occupied by a person (whether such allotment, lease or agreement was granted or entered into before or after the commencement of this act) : provided that in the case of any lease granted before the 14th day of august, 1947, the custodian shall not exercise any of the powers conferred upon him under this ..... association of the company, the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petition to the court under the provisions of the indian companies act, 1913 (vii of 1913) or the articles of association of the company or in any other matter as the evacuee shareholder himself could have done had he been present although the name of the ..... powers of the directors of the company, notwithstanding that the registered office of such company is situate in any part of the territories to which this act extends, and notwithstanding anything to the contrary contained in this act or the indian companies act, 1913 (vii of 1913), or in the articles of association of the company: provided that the custodian shall not take charge of such management .....

L. Hassan Khan and ors. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALT179

..... learned assistant government pleader (agp) for revenue (assignment) submits that as per the resettlement register, the land is government land and, therefore, the sale deed dated 15-8-1919 executed by mahaboob bi does not confer any title on the petitioners nor validates the possession of the ..... they would urge that in view of long possession, the respondents cannot resort to summary eviction proceedings under le act and the government has to necessarily file a declaratory suit in the civil court. ..... passbooks issued to the petitioners do not confer any right, as by reason of section 12 of the act, the provisions of the act have no application to the lands belonging to state and central government. ..... be it also noted that under article 112 of the limitation act, 1963, the limitation for the government to file a suit for declaration is ..... submits that when the land is in possession of the petitioners for a long time over a period of more than nine decades, the summary j proceedings under le act cannot be taken by revenue officials for eviction of the petitioners. ..... all these allegations, if true, are certainly the acts of possession and method of exercising the right over ..... if the government files a suit under limitation act, can they succeed now or whether such suit is barred ..... (prohibition) act, 1982 (lgp act, for brevity) giving overriding effect to its provisions the government has to resort to the provisions of lgp act and any such summary proceeding is not applicable under the act. .....

Vurlagadda Nanjappa and Anoth Vs. B.V.Mallanaradhya and Other

Court : Andhra Pradesh

..... this court finds that predecessor of the plaintiffs by name gururajamma was holding ac.5.15 cents of the entire suit land in her own right since prior to resettlement operations and she was given ex.a2 rough patta for ac.5.15 cents and subsequently resettlement operations concluded after making necessary enquiry confirming holding of gururajamma for ac.5.15 cents and the said confirmation of holding of gururajamma for the suit land is evidenced by no.10(1) account as ..... holding that rough patta cannot be termed as a document of title or as constituting evidence of title, it was further observed that issue of rough patta is one of the steps taken in the process of carrying out resettlement operations in respect of a ryotwari area and has no bearing at all on the question of title to the holding itself. ..... of law that though ex.a2 rought patta by itself is not a document of title, subsequent proceedings as evidenced by settlement fair adangal and no.10(1) account of the village indicate that in resettlement operations, the settlement authorities confirmed holding of gururajamma for the entire suit land of ac.5.15 cents. ..... ex.a2, a7 and a8 read together indicate that in resettlement operations under the act, gururajamma's holding of ac.5.15 cents of the suit land was confirmed by the settlement authorities and her name came to be mentioned in the settlement accounts as well as in ..... settlement fair adangal are prepared in accordance with the resettlement operations conducted under the act. .....

Mohammed Ahmed Vs. the State of Telangana, Hyderabad and Ot

Court : Andhra Pradesh

..... for the above reasons, the respondents are directed to initiate proceedings under section 32 of the hmda act, 2008 in accordance with the provisions of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 for acquisition of the portion of the land required by them for road widening and pay compensation to the ..... it is incumbent on the part of the respondents to initiate proceedings under section 32 of the hmda act, 2008 in accordance with the provisions of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 for acquisition of the portion of the petitioners land required by the respondents for road widening and pay compensation to ..... use zoning, building and layout regulations; that in the said go, the petitioners property is getting affected under proposed 200 feet wide road; and that under section 18(2) of the hyderabad metropolitan development authority act, 2008, no person shall use or be permitted to use any land or carry out any development in that area unless the development is in conformity with the plan. ..... it held that the corporation has been given the right to examine that the layout plan is not contrary to any provision of the act or the rules framed by it and therefore it may direct a person seeking a layout plan to leave certain open space, or to adhere to the length and width of the rooms of particular dimensions, or it may direct him to provide certain .....

Dr.Adusumilli Venkata Subba Rao,s/O Late Vs. the District Collector (L ...

Court : Andhra Pradesh

..... the respondents are further directed to initiate proceedings under the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 in respect of the subject lands and pay compensation, and this entire exercise including passing of award and payment of compensation, shall be completed ..... judgments, writ petition is allowed, declaring the action of the respondents in taking possession of the subject lands without following the mandatory provisions of andhra pradesh escheats and bona vacantia act, 1974 and the rules framed thereunder as illegal, arbitrary and iniquitous and presumptuous and violative of articles 14 and 300-a of the constitution of india and opposed to the very ..... ac.4-17 gts, ac.0-29 gts and ac.0-22 gts, respectively, situated at mallaram village, nizamabad sivar of nizamabad district without recourse to due process of law and without initiating any proceedings under the land acquisition act and without paying any compensation as being illegal, arbitrary and violative of articles 14 and 21 of the constitution of india and consequently this writ petition seeks a direction to initiate appropriate proceedings under the ..... is satisfied that the property is an escheat or bona vacantia and is in possession of the person who has no authority to claim it, the act imposes obligation on the local officer to institute a suit in a court for declaration of government rights in the property and for declaration thereof as .....

Parachuru Venkatakrishnama Naidu,s/O. Mu Vs. The Government of andhra ...

Court : Andhra Pradesh

..... consequently, the respondents are directed to initiate proceedings under the provisions of right to fair compensation and transparency in land acquisition rehabilitation and resettlement act, 2013 and conclude the same by giving opportunity to the petitioner herein, within a period of six months from the date of receipt of ..... is the case of the petitioner that the subject property is his ancestral property and the revenue authorities issued pattadar passbooks and title deeds in his favour under the provisions of ror act in the year 1999 and despite the same, the respondent authorities did not issue any notices nor afforded any opportunity to him and passed the award and paid the compensation to ineligible ..... learned government pleader on the directions of the court manifestly reveals that even though the revenue records such as pattadar passbooks and title deeds issued by the revenue authorities under the provisions of ror act are standing in the name of the petitioner, the land acquisition officer completely and totally ignored the same and without serving any notice under sections 9 and 10 of 1894 ..... act on the petitioner, proceeded with the proceedings, and while recording that the persons attended before him could not produce any evidence in support of their right and title, peculiarly paid the compensation in .....

Smt. Channavajala Vijaya Lak Vs. The State of Telangana, Represented b ...

Court : Andhra Pradesh

..... in the above referred decisions, it is incumbent on the part of the respondents to initiate proceedings under section 32 of the hmd.act in accordance with the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (for short the 2013 act) for acquisition of the portion of the land required by them for road widening out of the property owned by the petitioner and ..... supra).the supreme court had to consider whether the municipal corporation of delhi, in the absence of any provision in the delhi municipal corporation act, 1957, was entitled to sanction a plan for building activities by imposing a condition that the open space for parks and schools be transferred ..... it held that the corporation has been given the right to examine that the layout plan is not contrary to any provision of the act or the rules framed by it and therefore it may direct a person seeking a layout plan to leave certain open space, or to adhere to the length and width of the rooms of particular dimensions ..... on the part of the second respondent to initiate proceedings for acquisition of the same under the provisions of sections 146 and 147 of the greater hyderabad municipal corporation act, 1955 (for short the ghmc act).he further contends that under section 32 of the hyderabad metropolitan development authority act, 2008 (for short the hmd.act) in situations of this nature, proposals for acquisition should be initiated by the local authority i.e. .....

M/s. Transstroy (India) Limited Vs. The State of Telangana, Department ...

Court : Andhra Pradesh

..... proceedings under the act of 1894 are initiated after coming into force of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (for short act 30 of 2013 ..... if the balance of the property of the petitioner is, in any manner, rendered useless, it is open for the petitioner to make an appropriate application to the respondents under section 94 of the act 30 of 2013 and if any such application is received, the fourth respondent, in particular, shall consider the same in terms of the said provision and take further consequential steps expeditiously. ..... acquisition proceedings for the purpose of hyderabad metro rail is questioned by the petitioner by challenging the notification issued under section 4(1) of the land acquisition act, 1894 (for short act of 1894') vide notification no.c/2341/2013 dated 30.12.2013 as well as draft declaration under section 6 dated 06.01.2015 and the consequential award dated ..... use of the words publication of the notification in sections 4(1) and 6 on the one hand and in section 23(1) on the other, in the la act, is a classic example, where the same words have different meanings in different provisions of the same enactment. ..... it is no doubt true that as per the counter affidavit, the publication of the notification under section 4(1) of the act of 1894, extracted above, shows that press publication were carried out on 31.12.2013 and the publication of section 4(1) in the hyderabad district gazette was on .....

Smt.T.Subhadra and TwooThe Vs. Municipal Corporation of Hyderabad, Rep ...

Court : Andhra Pradesh

..... under section 147 of the act, the provisions of the land acquisition act,1894 (since replaced by the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013) comes into picture. ..... damages within one(1) month from the date of receipt of a copy of the order for unlawful deprivation of their property and further directed to take proceedings under section 147 of the hyderabad municipal corporations act,1955 and complete the same within a period of six(6) months from the date of receipt of a copy of this order and also initiate appropriate departmental proceedings to fix the responsibility on the officers ..... in their discretion, upon the application of the commissioner, made with the approval of the standing committee and subject to the other provisions of this act, order proceedings to be taken for acquiring the same on behalf of the corporation [in accordance with the provisions of the land acquisition act,1894 as amended from time to time as if such property were land needed for a public purpose within the meaning of the provisions of the ..... other benefits in lieu of compensation, a requisition was sent to the special deputy collector, land acquisition, municipal corporation of hyderabad for acquisition of the land under the land acquisition act,1894 but the special deputy collector on 18-04-2005 informed that the land is recorded in t.s.l.r record as 'sarkari poramboke' and, therefore, acquisition proceedings could not be initiated. 04. .....

1.M/S. Jagannadha Industries, Bellupada Vs. 1.The District Collector, ...

Court : Andhra Pradesh

..... enacted the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (for short, 2013 act) and the said legislation came into effect on 01.01.2014 and section 24(2) of the said act, which is relevant for the present writ petition reads as under: section 24(2) notwithstanding anything contained in sub-section (1), in the case of land acquisition proceedings initiated under 1894 act, where an award under the said section 11 has been made five ..... 226 of the constitution of india, challenges the draft notification dated --.08.2000 and draft declaration dated 13.08.2000 issued by the district collector, srikakulam, under the provisions of sections 4 (1) and 6 of the land acquisition act, 1894 (for short the act) and award bearing no.34, dated 20.08.2001 passed by the land acquisition officer-cum-revenue divisional officer, tekkali, the 2nd respondent herein, as illegal, arbitrary, unconstitutional and against the principles of natural justice.4. ..... years or more prior to the commencement of this act, but the physical possession of the land has not been taken or the compensation has not been paid, the said proceedings shall be deemed to have .....