Court : Himachal Pradesh
Reported in : 2007(3)ShimLC451
..... under rule 27 of the himachal pradesh tenancy and land reforms rules, 1975, all rights, title and interests in the tenancy land of landowners...shall vest in the non-occupancy tenants with effect from the commencement of these rules. ..... therefore, from that date the ownership rights vested free from all encumbrances on the persons who were so recorded as tenants under the landowners or for the matter of that the state government in that land....in mohar singh v. ..... similarly, the proprietary rights of tenancy land of the non-occupancy tenants on government land shall also vest in the tenants from the commencement of these rules. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)15VST342(NULL)
..... (6) any transfer of secured asset after taking possession thereof or take over of management under sub-section (4), by the secured creditor or by the manager on behalf of the secured creditors shall vest in the transferee all rights in, or in relation to, the secured asset transferred as if the transfer had been made by the owner of such secured asset. ..... . the petitioner proceeded to participate in auction knowing fully well that the sale is pursuant to the power exercised by the bank under the act and the auctioned property shall vest in the auction purchaser completely and absolutely free from all encumbrances ..... . under section 13(4) of the act, the bank has an absolute right to take possession of the secured assets of the borrower, including the right to transfer the same by way of sale which, upon transfer, by virtue of section 13 (6), shall vest in the transferee with all rights in, or in relation to, the secured asset. 38 ..... . the exercise of power by the respondent-state and its functionaries in our view is totally arbitrary and without any legal or equitable right and is in fact a colourable exercise and an abuse of power and authority vested in them. 49 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC434
..... if we accept the argument of learned counsel for the respondents that easementary right being over the land and the same has not vested in the state under section 3 of the act, the result would be that the land would carry burden or charge affecting possession, interests and ..... of the averments contained in the plaint read in conjunction with his statement, it is clear that the land vested in the state of himachal pradesh under the himachal pradesh ceiling on land holdings act, 1972 free from all ..... in the present case, the plaintiff has made a categorical and unequivocal admission that the property vested in the state of himachal pradesh after the enforcement of the himachal pradesh ceiling on land ..... have held that when the legislature has used the expression 'free from encumbrances', it means the vesting of land in the state is without any burden or charge on the land including that of ..... ' when the legislature has used the expression 'free from encumbrances,' it means the vesting of land in the state is without any burden or charge on the land, including ..... delhi improvement trust : 1957 scr 1, this court while interpreting the words 'vest absolutely in the government free from all encumbrances' occurring in section 16 of the land acquisition act held as thus : : air 1957 sc ..... these documents show that the suit land along with other land vested in the state under the himachal pradesh ceiling on land holdings act, 1972 and mutation of ownership was sanctioned in favour of the state of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP32
..... giving therein on first page, the particulars and details of the lands in form 'a'. relevant excerpts/copies from the jamabandi pertaining to the vesting date should be placed on each file : provided that in case the land, on which right, title and interest of a landowner vested in the state government is situated in the jurisdiction under different revenue officers, the revenue officer who would initiate the preparation and submission ..... landowners were to be divested of their ownership rights and the right, title and interest of these owners in the land was to vest in the state government free from all encumbrances provided the landowner was holding land with an annual land revenue which exceeded rs. ..... landowner is given an opportunity to contest the proceedings and to satisfy the revenue officer in the course of such proceedings that the condition(s) prescribed in section 27 for the transfer and vesting of the right, title and interest in respect of the whole or part of the land held by him are not satisfied ..... mutations had not been finally attested in the name of the state government and the landof the appellant had not vested in the state government, the file for the assessment and payment of compensation was prepared ..... -- as soon as the mutations of right, title and interest on the lands of a landowner vested in the state government, under section 27 of the act, have finally been attested by a revenue officer and entered in the record of rights, the revenue officer with the help .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1999HP43
..... determination as to whether the person concerned has failed to do so or complied with the obligation or conditions imposed under the order granting permission to purchase the land and the vesting depended very much on such a decision being recorded about the failure of the person concerned after giving due opportunity and that there are no merits whatsoever in the stand ..... them making it semblance of common cause though it is really not so and that the permission granted by according change of user of land was well in accordance with land and the proceedings for vesting was rightly dropped by the collector of shimla and no exception whatsoever could be taken to the same by the petitioners, who have ho legal grievance and none of whose legally protected rights could ..... even such period of one year up to which alone the further extension could have been granted also expired on 3-1-1993, the land purchased by the 6th respondent shall vest automatically in the state government free from all encumbrances and that for all purposes the land should be taken to be the land of the state government and, thereafter ..... statute contemplated the failure on the part of the person, who has been granted with permission to purchase, as a condition precedent for bringing into the force of the operation of the vesting clause, the failure should be on account of the conscious default, negligence or refusal on the part of the person concerned and where the non-compliance was for reasons beyond his control .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1981HP8
..... shamilat, shamilat deh, shamilat taraf, shamilat chak and patti in the areas comprised in himachal pradesh, immediately before first november, 1966 --shall stand extinguished and all such rights, title and interests shall vest in the state government free from all encumbrances(2) the provisions of sub-section (1) of this section shall not apply to lands described in clauses (b) & (c) of that subsection if, before the date of commencement of this act ..... doubt that the respondents as well as the owners of the sha-milat deh in question had full knowledge of the fact that the vesting act had been passed by the legislature and was awaiting the assent of the president. ..... is admitted that all rights, title and interest in this land stand extinguished and vest in the state government free from all encumbrances in terms of sub-section (1) of ..... the landowner by way of sale, gift or exchange, section 4 is as under:'4 (1) : the collector shall call for from panchayats in his district, the record of leases, contracts or agreements entered into by the panchayats in respect of any land vested in the panchayats under the punjab village common lands (regulation) act, 1961. ..... this jurisdiction empowers the collector to examine the record of lease, contract or agreement entered into by the pan-chayats in respect of the land vested in them under the punjab village common land (regulation) act, 1961. ..... preamble shows that it was enacted 'to provide for vesting and utilization of village common lands in the state .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(1)ShimLC64
..... of the act, all rights, title and interest (including a contingent interest, if any) of the landowner of the land held by tenants shall be extinguished, and all such rights, title and interest shall vest in the tenants free from all encumbrances created by the landowner, with effect from the date to be notified by the state government in the official gazette, provided that if the tenancy is created after the commencement ..... under sub-section (1) shall be extinguished and all such rights, title and interest shall with effect from the date to be notified by the state government in the official gazette vest in the tenant free from all encumbrances:provided that if a tenancy is created after the commencement of this act, the provision of this sub-section shall apply immediately after the creation of such tenancy.8. ..... suggests that rights, title and interests in the tenancy land of the land owners who have already under their personal cultivation three acres of unirrigated land or 1 1/2 of irrigated land shall vest in the non-occupancy tenants with effect from the date of the commencement of 1975 rules. ..... tenancy land of land-owners who have already under their personal cultivation 3 acres un-irrigated or 1 1/2 acres irrigated land shall vest in the non-occupancy tenants with effect from the commencement of these rules. ..... therefore, from that date the ownership rights vested free from all encumbrances on the persons who were so recorded as tenants under the landowners or for the matter of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(1)ShimLC41
..... the state government in its return has taken the stand that the government has only returned the surface rights of the shamlat land vested in the state, by the amendment of 1974 act, to the erstwhile owners and the private owners at the most are only entitled to compensation which can be either mutually agreed upon or may be determined by the director of ..... land revenue act (revenue act for short) and submit that all minerals in the land, irrespective of the ownership, vests in the state government and therefore, the state government is competent to renew the licence under rule 24(b) of 1960 rules ..... is chapter-v of 1960 rules which provides for the procedure for obtaining mining lease in respect of land in which the mineral vests in a person other than the government.now in 1984 when the mining lease was granted in favour of the respondent no. ..... the land in question is not the government property therefore, the lime stone under the earth cannot be said to vest in the state government.what is wajibularz and how entries in the wazibularz are to be read?31. ..... already noticed, rule 24(b) falls under chapter-iv of 1960 rules which provides for grant of mining leases in respect of the land in which the minerals vests in the state government.the contention is fallacious.section 42 of the land revenue act reads :42. ..... under the mines act, control and regulation of the mines and development of minerals vests with the union government in view of entry 54 of the union list (seventh schedule to the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... by the special officer and payable in consideration of extinguishment of rights in the kutlehar forest is in conformity with the provisions of section 6 of the act; whether property belonging to, or any right, liability or obligation attaching to the grantee vests in the government and whether any agreement or other contract referred to in section 12 has been entered into bona fide or not.25. ..... now, we revert back to the history of the case and proceed further to state that the land vested in the panchayats under the punjab village common lands act and thereafter in the state of himachal pradesh under the ..... even under the forest settlement reports, the trees and the forest produce vest in the state government since times immemorial and these have been declared as protected forests and the petitioner cannot claim any more rights in these forests than recorded in the forest ..... all rights, title and interest of the soil underneath the trees stood vested in village panchayats and then in the state government as already stated herein ..... ' moreover, we noticed that the land underneath the forest had once vested in the panchayats and ultimately in the state government under the punjab village common land act and the ..... section 10 calls upon the person in possession, custody or control of property vested in the government to deliver the same to the officer authorised by the government forthwith and also to hand over all books, documents or other papers relating to the management of the forest .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP41
..... of the land acquisition act, that wide publicity is given to the acquisition proceedings and ample opportunity is afforded to the persons interested to lodge their objections and that, ordinarily, the land, acquired, vests in the government, after compensation has been determined, it would not be unreasonable to assume that the legislature, which has, advisedly used the word 'acquired' in sub-sections (3) and (4) of ..... that the provisions of section 27 of the abolition act, as to when the right, title and interest of a landwoner vest in the state government, are not clear and explicit, but are of doubtful significance, then, according to the above principle of interpretation, it should be assumed that the legislature intended that the vesting should take place after the determination of compensation, after due notice, as such an intention is in accord with the ..... respondents, it is not denied that compensation, payable to the petitioners, for the vesting of their ownership rights, was neither determined nor paid, before the sanctioning of the mutations of transfer of ownership; but it is denied that the ownership rights had not vested in the state government at the time of the sanctioning of the mutations and ..... of the abolition act, the right, title and interest of such landowners, in the lands, excepting lands, under their personal cultivation, stood transferred to, and vested in, the state government, from the date of the enforcement of the abolition act, namely, 26th january, 1955. .....
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