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Search Results for "section 5A"

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High Court

Bombay High Court Dismisses Challenge to Eviction Order Under Public Premises Act — Unauthorised Construction on Railway Land. Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 applies to pre-existing structures as it is procedural and not retrospective in operation.

4 Feb 2005

The petitioner, C. Muthuswami, filed a writ petition challenging an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premi...

High Court

Bombay High Court Quashes Preventive Detention Orders for Violation of Right to Make Effective Representation Under Article 22(5) of Constitution. Non-supply of Bail Application and Bail Order in Connected Crime Renders Detention Invalid Despite Section 5A of MPDA Act.

6 Feb 2019

The petitioner, Sayed Jafar Sayed Nasir, challenged two detention orders dated 20th February 2018 and 12th March 2018 passed by the Commissioner of Po...

High Court

Bombay High Court Allows Land Acquisition Challenge Due to Non-Compliance with Section 5A of Land Acquisition Act, 1894 — Failure to Provide Personal Hearing Renders Acquisition Proceedings Invalid. The court held that the mandatory requirement of a personal hearing under Section 5A(2) was not complied with, vitiating the entire acquisition.

1 Nov 2012

The judgment pertains to two writ petitions filed by landowners challenging the acquisition of their land by the State of Goa for a public purpose. Th...

High Court

Bombay High Court Quashes Land Acquisition for Public Trust Due to Non-Compliance with Section 5A of Land Acquisition Act, 1894 — Commissioner Failed to Consider Objections Properly After Remand.

15 Jul 2011

The petitioners, owners of agricultural land in Paradsinga, challenged the acquisition of their land for the benefit of Respondent No. 3, a public tru...

High Court

Bombay High Court Dismisses Non-Tribal Purchaser's Challenge to Vesting of Land Under Section 5A of Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. Earlier Dropping of Proceedings Under Section 3 Does Not Bar Subsequent Deemed Acquisition Under Section 5A.

3 May 2011

The petitioners, non-tribals, purchased agricultural land in Mouza-Vilam, Taluka Nagbhid, District Chandrapur, by a registered sale deed dated 8.2.197...

High Court

Bombay High Court Dismisses Petitions Challenging Land Acquisition for Airport Development — Acquisition Not Vitiated by Delay or Non-Compliance with Section 5A of Land Acquisition Act, 1894. Petitioners failed to demonstrate that the acquisition was for a purpose other than public purpose or that the procedure under the Act was not followed.

5 May 2017

The judgment concerns two writ petitions filed by M/s. Suretech Hospital & Research Centre Limited and M/s. Vighnaharta Builders and Developers challe...

High Court

Bombay High Court Quashes Land Acquisition Notifications for Non-Compliance with Section 5A of Land Acquisition Act, 1894 — Failure to Provide Personal Hearing to Objectors Renders Acquisition Proceedings Invalid. The Court held that the right to a personal hearing under Section 5A is mandatory and its denial violates natural justice, leading to quashing of the acquisition.

8 Aug 2018

The petitioners, Abuli Abdul Husain Vora and Nafisa Abuli Abdul Husain Vora, owned land in Silvassa, Dadra and Nagar Haveli. The Union Territory of Da...

High Court

Bombay High Court Quashes Corrigendum to Deemed Conveyance Orders in Co-operative Housing Society Dispute — Rectification After Five Years Held Barred by Limitation and Beyond Power to Correct Clerical Errors. The Court held that the Competent Authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 cannot modify substantive rights through a corrigendum after the order has been acted upon, and the application for rectification filed after five years is barred by limitation.

29 Jul 2024

The Petitioner, Prem Villa Co-operative Housing Society Ltd., challenged a Common Corrigendum/Order dated 14.01.2020 issued by the District Deputy Reg...

High Court

High Court Directs Deputy Commissioner to Expedite Disposal of Appeals Under Karnataka SC/ST (PTCL) Act, 1978. Petitioner, a respondent in appeals under Section 5A, sought mandamus for expeditious disposal; court directed disposal within three months.

1 Jun 2017

The petitioner, P. Basavaraju, was a respondent in two appeals bearing PTCL Nos. 19/2012-13 and 06/2013-14 filed under Section 5A of the Karnataka Sch...

Supreme Court

Supreme Court Allows HUDA's Appeal in Land Acquisition Case — Section 5A Compliance Upheld. Collector's recommendation not binding on State Government; no discrimination found in acquisition of land for development.

18 Oct 2024

The case involves appeals by Haryana Urban Development Authority (HUDA) against the High Court's judgment quashing land acquisition notifications unde...

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