Court : Orissa
Reported in : AIR1975Ori90
..... so it applied to the government of orissa for land and the latter agreed to acquire land for it and took recourse to the provisions of the orissa development of industries irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act, 1948 (act 18 of 19481 (hereinafter called the act) for speedy acquisition of land by issuing a notification under section 2 (c) of the act declaring the project of setting up of a paper mill at chaudwar to be included within, the expression 'development of industries', for the purpose of invoking the provisions of the act. ..... state of west bengal, air 1962 sc 1044 which runs as follows:--'article 226 in terms does not describe the classes of persons entitled to apply thereunder; but it is implicit in the exercise of the extraordinary jurisdiction that the relief asked for ..... where there are several persons interested, the collector has the obligation to apportion the compensation amount awarded by him among all such persons and any of such persons aggrieved by the amount awarded by the collector or by his apportionment has a right to make a reference under section 18 of the act. ..... and the orders passed by the board of revenue in this behalf shall be final. ..... , by order dated 30-7-1962 (annexure-4) and confirmed by the board of revenue on 4-10-63. ..... he shall refer the case to the board of revenue for confirmation of the ............ ..... the government in the revenue department then issued a notification no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori132; 57(1984)CLT111
..... the plaintiffs-opposite parties 2 to 6 brought a representative action seeking permanent injunction against the defendants who are the state of orissa, its executive engineer and the puri municipality, restraining them from making any construction on the area marked 'red' in the sketch map appended to the plaint.3. ..... in 1954 when sri kumarswami raja was the governor of the state, a platform was constructed over the land where in 1948 the ceremonies had taken place and a small statue was placed over it. ..... 'if public duties are to be enforced and social, collective diffused rights and interests are to be protected, we have to utilise the initiative and zeal of public-minded persons and organisations by allowing them to move the court and act for a general group interest, even though, they may not be directly injured in their own rights. ..... on 25-9-1969, the collector, puri wrote a letter to the secretary to the revenue divisional commissioner, central division, cuttack, submitting a proposal for transfer of 3.301 acres out of 3,990 acres in plot no. ..... 511 on the sea beach at puri, a portion whereof is situated to the west of circuit house and another portion being at its back. ..... his holy ashes were immersed in the bay of bengal at puri. .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT567; 1992(I)OLR344
..... and powers of all courts, except the federal court, with respect to any of the matters in this list; procedure in rent and revenue ..... the fixing the seat or seats of the high court or as regards refixing the seat of the high court, it is worthwhile to say that pursuant to an address made in the orissa legislative assembly on the 3rd day of march, 1948, to the governor of orissa for submission of a proposal to the governor-general of india for constitution of a high court for the province of orissa, the governor-general in exercise of powers conferred on him by sub-section (1) of section ..... officers and servants of the high court; procedure in rent and revenue courts; fees taken in all courts ..... court being matters covered by the subject 'constitution or organisation' in entry 78 of list i, the decision of the state government is arbitrary, being a threat by an incompetent authority in relation to the apex court of the state and hence the petitioner a member of the cuttack bar has sufficient interest personally as well as in the nature of public interest litigation to invoke the jurisdiction of this court under article 226 of the constitution of india. 13. ..... of the high court at calcutta in the state of west bengal and ors. ..... 223 deals with appointment of acting chief justice and article 224 provides for appointment of additional and acting judges and article 224a deals with appointment ..... apex court of the state, is not a mere lifeless edifice of bricks and mortar standing on a parcel of land. .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT409; 1992(I)OLR462
..... state of west bengal and ors. ..... explanation (3) to the said sub-section clearly states that the land shall not be deemed to be used mainly for the purpose of agriculture, if such land is not entered in revenue records before the appointed date as for the purpose of agriculture. ..... (jt 1991 (4) sc 162) in support of his contention that any land on which a building has been constructed prior to the appointed day, remains outside the purview of vacant land under the act and, therefore, that cannot be taken into account for any purpose of computation what soever. ..... in other words, according to the judgment though the building is to be excluded from computation but while allowing the retention the land covered by the building has to be taken into account and the ceiling-holder would be entitled to retain only the total extent of land as provided under the act which may include the residential building. mr. ..... the order passed by the competent authority under the provisions of the urban land (ceiling & regulation) act, 1976 (hereinafter referred to as 'the act'), annexed as annexure-2 and the order of the appellate authority, annexed as annexure-3, are being challenged in this writ application by the petitioner who happens to be the legal representative of the surplus holder late moti dei.their lordships, after rejecting .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori123; 74(1992)CLT772; 1993(I)OLR273
..... the rules also, it is the government who is entitled to realise the dues as arrears of land revenue, and so, the view taken by the appellate authority that the case fell within the purview of section 7 of the orissa forest act and not within rule 34 of the rules is not material.16. ..... either on the ground of vital omission in the certificate, ilr 1958 cuttack 315, or the dues sought to be realised through the certificate proceeding was not 'public demand', ilr 1959 cuttack 365 and (1960) 26 clt 592, or initiation of the certificate proceeding itself being bad because of the requisition by incompetent person (1971) (2) cwr 541, or absence of essential step, like lack of ..... which is sent to the certificate officer is not required to contain the name of the certificate-holder, but the same is incorporated in the certificate by the certificate officer (really, by his office) and, as already stated, he would normally put the name of that person as the certificate-holder who had sent the requisition; but then, it would be doing injustice to the person to whom public demand is ..... and wide but would visit our neighbouring states of bihar and west bengal ..... rameshwar chaudhury, air 1948 pat 104, in which after citing baijanath's case, the sale pursuant to the certificate proceeding was quashed because the notice served on the certificate debtor did not accompany the copy of the certificate and the form in question did not ..... plaintiff under the aforesaid act to realise an unpaid amount of road cess. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori258; 1995(I)OLR544
..... '(underlining is ours)in buxa dooars tea company case, air 1989 sc 2015, the state of west bengal sought to raise additional resources from two sources -- 'surcharge on land revenue; and rural employment cess -- under section 4 of the w. b. ..... of taxation and taking note of the fact as to how the annual value of land is determined, more particularly section 7(3) of the amended act of 1989, the apex court held that it was apparently intended to regulate the cess on coal in respect of which the pit's mouth value had been determinedand it further came to the conclusion that it was a case where the levy had no reference to land at all but only to the income from the land in the case of government lands got by way of land revenue ..... the court further observedthat declaration by parliament in terms of entry 54 of list i and the enforcement of mines and minerals (regulation and development) act, 1948, would operate as a limitation on the power of the state legislature to levy a fee under entry 66, in list ii, as the field is an occupied field by the central act and on examining the provisions of the central act as well as the state act, the court came to the conclusion that the field covered by the impugned act (the state act) is covered by central act 53 of 1948. ..... . act, 1957 (act 9 of 1957) deals with the regulation of mines and minerals and either royalty or dead-rent is levied under the said act and there is a declaration made by the parliament under section 2 of the said act .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT693
..... the further case of the defendants is that in respect of the land recorded in the name of mother, land revenue is being paid regularly by the defendants and at no point of time the plaintiff had ever objected to the same ..... also denied claim of submission of accounts in respect of the rooms given on rent and also denied the claim of the plaintiff over the compensation payable in respect of the land acquired as those properties belonged to the mother of the defendants'.4. ..... the case of the defendants that the gift deed executed in favour of shoubhagyamanjari devi was accepted by the revenue authority and the lands covered under the gift deed were recorded in her name and the plaintiff had not objected to the same. ..... case of the plaintiff is that the defendants have inducted as monthly tenants in some parts of the properties described in schedule a of the plaint and have been illegally misappropriating the rents and therefore they are liable to render accounts for the same. ..... , we also agree with the learned civil judge that the deed of gift was acted upon and late shoubhagya, the mother of the defendants 1 to 4 remained in possession of the ..... of the plaintiff along with other rulers of the eastern states entered into an agreement with the government of india in which it was agreed that the feudatory state of nayagarh will cease on from january, 1948 and in turn the government of india assumed payment of privy purse to the ruler and heir apparent according to the custom and traditions. rs. .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT743; 2005(II)OLR40
..... where in a case under sections 4-b, 4-c, 4-a of west bengal land reforms act (10 of 1996) relating to permission of collector to fell trees, held that it was not required for felling trees in non-forest private plantation/orchard/bagan. ..... it is further pleaded that land of the petitioner which admittedly has 111 numbers of sal and teak trees and recorded in the ror as cashew plantation does not come under the definition of forest land as defined in section 2(c) of the orissa communal forest and private lands (prohibition of alienation), act, 1948 as the same has at no point of time been declared to be forest land by notification of the state government. ..... court cannot enlarge or extend the scope of section 4-a to areas in state of west bengal other than areas specified in three sub-divisions of darjeeling district. ..... state of west bengal and ors. ..... and west bengal which is relevant read as follows :-'there will be no felling of trees permitted in any forest public or private. ..... he argued that as is apparent on the face of annexure-6 one revenue inspector and one revenue supervisor accompanied the acf and the range officer and verification was done in presence of the petitioner on 16.3.2004 and had it been a lease hold land and acquired after 25.10.1980 the officials conducting the joint verification could not have failed to make a mention to that effect in annexure-6. ..... , ror and rent receipts etc. .....
Tag this Judgment!Court : Orissa
..... /tanks in the records of rights, were rapidly being filled up and converted to homestead without effecting any change in the classification of the lands in the revenue records and without obtaining permission from the competent authority, and that the cda without following the provisions of the building regulations and properly examining the matters has been permitting constructions on such lands for some obvious reason, passed order for maintenance of status quo ..... are fully conscious of the necessity of development but the same should not be made or done at the cost of elimination of the water bodies thereby creating serious water-logging problem in the city during rainy season and pushing the future generations to a situation of scarcity of water due to decrease in the ground water level in the absence of harvesting of rain water in a city like cuttack to absorb the rain water / ..... opined that all the tanks/ water-bodies available physically in cuttack city should be preserved for future use irrespective of their classification as the water-bodies act as rain-water storage during heavy rain-fall and also help in recharging ground water on which entire cuttack city depends for drinking water purpose 10. ..... points to the west, lies the city ..... quote hereinbelow the observations made about cuttack city in the book titled memoirs of a bengal civilian . ..... of government of orissa for close to a thousand years before its burgeoning size forced the creation of a new capital at bhubaneswar in 1948. .....
Tag this Judgment!Court : Orissa
..... /tanks in the records of rights, were rapidly being filled up and converted to homestead without effecting any change in the classification of the lands in the revenue records and without obtaining permission from the competent authority, and that the cda without following the provisions of the building regulations and properly examining the matters has been permitting constructions on such lands for some obvious reason, passed order for maintenance of status quo ..... are fully conscious of the necessity of development but the same should not be made or done at the cost of elimination of the water bodies thereby creating serious water-logging problem in the city during rainy season and pushing the future generations to a situation of scarcity of water due to decrease in the ground water level in the absence of harvesting of rain water in a city like cuttack to absorb the rain water / ..... opined that all the tanks/ water-bodies available physically in cuttack city should be preserved for future use irrespective of their classification as the water-bodies act as rain-water storage during heavy rain-fall and also help in recharging ground water on which entire cuttack city depends for drinking water purpose 10. ..... points to the west, lies the city ..... quote hereinbelow the observations made about cuttack city in the book titled memoirs of a bengal civilian . ..... of government of orissa for close to a thousand years before its burgeoning size forced the creation of a new capital at bhubaneswar in 1948. .....
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