Search Results for "surplus declaration"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "surplus declaration"

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Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

Supreme Court

Supreme Court Allows Appeals in Uttar Pradesh Imposition of Ceiling on Land Holdings Act Case, Granting Independent Tenure Holder Status to Sub-lessees. Sub-lessees under a government lessee for agricultural purposes qualify as tenure holders under Sections 3(9) and 3(17) of the Act, rebutting the presumption under Section 5 Explanation II, and are exempt from lease deed transfer conditions due to agricultural use.

10 Jan 2022

The appeals arose from a common judgment of the High Court of Uttarakhand dismissing writ petitions filed by the appellants, who were sub-lessees unde...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute, Reversing High Court's Declaration of Auction as Null and Void. Dispute Involved Title to Land Under Urban Land (Ceiling and Regulation) Act, 1976 and Validity of Auction by Development Authority, with Trial Court Upholding Auction and High Court Overturning It.

5 Aug 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad, which allowed a first appeal under Section 96 of the Code of Civil Proc...

Supreme Court

Supreme Court Allows Appeal in Property Dispute: Transfer of Property Act Section 43 Protects Purchaser When Vendor Subsequently Acquires Title. The Court held that the doctrine of feeding the grant by estoppel under Section 43 of the Transfer of Property Act, 1882, applies when a vendor sells land without title at the time of sale but later acquires title, and the purchaser is entitled to the benefit of the subsequently acquired interest.

1 Feb 2019

The appellant, Tanu Ram Bora, purchased suit land by a registered sale deed dated 06.01.1990 from Pranab Kumar Bora, husband of defendant no.2 and fat...

High Court

Bombay High Court Dismisses Petition Challenging Land Acquisition for Panshet Dam Rehabilitation — Land Acquisition Act Prevails Over Resettlement Act in Absence of Notification Under Section 11(1) of Maharashtra Resettlement of Project Displaced Persons Act, 1976.

7 Mar 2016

The petitioners, legal heirs of deceased Sahebrao Gulabrao Dhamale, filed a writ petition under Article 226 of the Constitution of India challenging t...

High Court

Bombay High Court Dismisses Challenge to Land Acquisition for Panshet Dam Rehabilitation — Land Acquisition Act Prevails Over Resettlement Act in Absence of Section 11(1) Declaration. The court held that the Full Bench decision in Ganpat Balwant Pawar settles that the Land Acquisition Act, 1894 governs acquisitions for rehabilitation unless a declaration under Section 11(1) of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 is made.

7 Mar 2016

The petitioners, legal heirs of deceased Sahebrao Gulabrao Dhamale, filed a writ petition under Article 226 of the Constitution of India challenging t...

High Court

High Court Dismisses Writ Petition Challenging Surplus Land Declaration Under Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 — Petitioner Failed to Appear or Argue, No Merit Found.

8 Mar 2011

The petitioner, Vishwanath s/o Narsing Sodgir, a resident of Gangakhed, District Beed, filed a writ petition challenging the declaration of surplus la...

High Court

Bombay High Court Allows Writ Petition Seeking Abatement of Urban Land Ceiling Proceedings Under Repeal Act — Land in Green Zone Exempted Under Section 20 of ULC Act, 1976. The court held that since the land was in green zone and exemption was granted, and no possession was taken by the State, the proceedings abated under Section 3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.

17 Aug 2010

The petitioners, twelve individuals residing in Kasar Vadavali, Thane, filed a writ petition in the Bombay High Court seeking a declaration that the p...

High Court

High Court Quashes Notice Under Section 45(2) of Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961 Due to Unexplained Delay of 16 Years. Notice Issued After Inordinate Delay Without Justification Held Unsustainable.

7 Jan 2010

The case pertains to a writ petition filed by the original petitioner Palsaheb Mukundrao Choudhari (since deceased, represented by his legal heirs) ch...

High Court

Bombay High Court Allows Petitions Challenging Land Acquisition Under Urban Land Ceiling Act — Land Not Acquired Due to Non-Compliance with Section 10(3) and Section 11(1) of the Urban Land (Ceiling and Regulation) Act, 1976. The court held that mere notification does not vest land in the State without actual possession, and exemption applications under Sections 20 and 21 must be considered before declaring land surplus.

30 Nov -0001

The judgment pertains to two writ petitions filed by Bhagwant Dharmaraj Radke and Omprakash @ Dipchand Durgaprasad Agrawal against the State of Mahara...

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