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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Potentiality of Land for Non-Agricultural Use Considered Despite Restrictions Under Goa Land Use Act. Deduction of 50% from Sale Price of Unrestricted Land Accepted as Basis for Compensation.

The appellant, Shri Pandhari D'Souza Kuttikar, filed an appeal against the judgment and award dated 30.05.2006 passed by the Reference Court, which re...

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Bombay High Court Enhances Compensation for Landowners in MSRTC Bus Depot Acquisition Relying on Prior Award. Market Value Determined Based on Prior Award in Identical Acquisition Proceedings Under Section 18 of Land Acquisition Act, 1894.

The case involved three land acquisition references under Section 18 of the Land Acquisition Act, 1894, filed by the landowners claiming enhanced comp...

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High Court of Karnataka Examines Validity of Order Cancelling De-notification under Land Acquisition Act – Key Issue Whether Possession Was Taken. Court Considers Application of Junjamma Precedent and Section 21 of Karnataka General Clauses Act.

The dispute involved two sets of writ petitions before the Karnataka High Court concerning land bearing Sy. No. 14/3 measuring 3 acres 09 guntas at Gi...

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Bombay High Court Enhances Compensation for Airport Land Acquisition in Marol Village — Market Value Fixed at Rs. 90 per sq. m. for 1981 and 1982 Notifications. Court Relies on Expert Valuer's Report and Rejects SLAO's Low Valuation Based on Inadequate Comparable Sales.

The judgment pertains to two Land Acquisition References (LAR No.18 of 1988 and LAR No.19 of 1988) filed by A.H. Wadia Charity Trust (the Claimant) se...

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Karnataka High Court Upholds Land Tribunal's Order Granting Occupancy Rights to Tenant in Land Reforms Case. The Court held that the Land Tribunal's finding of tenancy based on evidence cannot be interfered with in writ jurisdiction unless perverse.

The appellant, Sri Admar Mutt, represented by its manager, filed a writ appeal against the judgment of a Single Judge of the Karnataka High Court date...

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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...