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....3. The Prescribed Authority constituted under the U.P Imposition of Ceiling on Land Holdings Act determined the compensation payable to Respondents 3 to 6 for acquisition ...District Judge on September 19, 1972, but as the appeal was by that time barred by limitation, the appellant simultaneously filed an application under Section 5 of the Limitation Act for condoning the...Kanungo of the Office of the Assistant Compensation Commissioner and Sri Rajendra Singh, Assistant Rajeswa Anubhag-6, U.P Civil Secretariat, Lucknow, were filed. Respondents 3 to 6 contested the...
...payment of just and fair compensation for acquisition of land thereunder, it is not a valid law within the requirement of article 300-A. This in sum and substance is the challenge founded...the law namely the Amended Ceiling Act, without making provision for just and fair compensation for acquisition of surplus land. What in effect they submit is that after deletion ...Ceiling Act provides for the determination of compensation payable for surplus land. Reading this section with the first Schedule appended to the Act would show that the price per hectare...
...under Section 12.
Provision for payment of compensation for acquisition of surplus land is made under Chapter IV. The competent authority determines the ...13 enacts the consequences of vesting. Sections 16 to 21 deal with payment of compensation and Sections 22 to 34 with encumbrances on surplus land, while Sections 35 to 37 provide for the disposal...imposition of ceiling on agricultural holdings, acquisition and disposal of surplus land and matters ancillary thereto." The essential powers for implementing the Act are entrusted to Competent...
...December, 1969 disposed of the said objections of the petitioner and confirmed the draft compensation roll for a sum of Rs. 84013-40 P. as compensation payable for the ...Noorul Rahman Khan was the tenure-holder to whom the notice under the Ceiling Act was issued proposing to declare certain land in his possession as surplus land.3. During the pendency of...substituted as the legal heir of the deceased tenure-holder. On 27th December, 1967 the Prescribed Authority declared an area of 351 Bighas, 15 Biswas, 2 Biswansis Page: 424as surplus land of the...
...Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and implement the project for diversion of flood surplus water by lift irrigation from Mettur Dam to...is closed. Index : yes / no 23..06..2021 Internet : yes / no Speaking / Non Speaking Order 1.The Land Acquisition Officer cum Sub Collector, Mettur Taluk, Salem District...Sarabanga River in Salem District strictly in accordance with law. 2. Today, when the matter has been taken up for hearing, the learned counsel appearing for the petitioner...
...Government refused to release compensation in the sum of Rs. 14,09,613/- for surplus land acquired under the same award, without an undertaking by the land-holder that he would not seek enhancemen...expropriated land-holder, is that the Government having decided to acquire the surplus land (hereinafter referred to as “the land”) under the provisions of the Land ...necessary for withdrawing notification under section 48(1) of the Land Acquisition Act for the reason that compensation for the land within the ceilin...
...petitioners and co-parceners (all four persons) on 26.03.2019 itself. In terms of Section 26 of the Act of 1961, payment of compensation to the land holders or other persons entitled there to in a.... Section 23 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 reads as under:
"23. Determination ...compensation under section 23 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short 'Ceiling Act') had started. The Collector ...
...Land Acquisition Act ??? compensation is given for the surplus land declared by Tribunals not on the basis ...Land Acquisition Act and were not available for distribution as surplus lands, the Tribunals ought to have held that they had no ju....7. Mr. Kanade, the learned counsel for the petitioners, relied on the preamble to the Ceiling Act and contended that availability of surplus land for distribution is the Sine qua non ...
...to reason. The provision contained in S. 16 read with Rule 18-A cannot be said to be rendered invalid merely on account of the fact that for payment of compensation to the tenure-holder ...November, 1975. The surplus land determined to lie with the tenure-holder, was 15.65 acres only. Proceedings were taken thereafter for payment of compensation. The draft assessment roll was prepared...area applicable to him, he shall be liable to pay the State Government for the period commencing from July 1, 1973 until the date on which the Collector takes possession of such surplus land under S. 14...
...simple. Under the Land Acquisition Act, the Government would have to pay market value for the acquired land along with attendant statutory benefits. In case of any land covered under the definitio...petitioners had, would disappear when one peruses a communication dated 21.7.1987 from the Land Acquisition Officer to the petitioner no.1 in connection with the petitioners' application for reference dated 30.10.1986. In s...factors is such communication dated 21.7.1987 by the Land Acquisition Officer to the petitioners in reference to application for reference. In such communication, as noted, a clear stand is taken that the land was ...
...order of the Sub Divisional Officer, whereby, their settlements were cancelled. It is well known that after due observance of the necessary formalities of acquisition and payment of compensation e...Acquisition of Surplus Land) Act, 1961, in short “Ceiling Act”. The authorities were directed to decide whether petitioners were the real land holders as claim? Since by the time, the petitioners...of the land involved in the ceiling case was only 69.16 Acres, therefore, there was no surplus land. Accordingly, he ordered for cancellation of Purcha and restoration of possession over ...
...appellants assert that as Fauja Singh remained in possession, the land was not utilised and did not vest in the State. The appellants are, therefore, entitled to receive compensation for compulsory acquisition ...a mere paper transaction as Fauja Singh continued to remain in possession. The land having not vested in the State, compensation for compulsory acquisition of the land, is necessarily payable to t...land, therefore, stood “utilised” and vested in the State, under the “1953 Act”. Counsel for the State of Punjab further submits that at the time of acquisition, the appellants did not putforth any...
...the Revenue and held that surplus of the compensation amount arising as a result of acquisition of agricultural land in question was capital asset and not the income at all. The question ...other words the agricultural lands purchased originally by the assessee for urbanisation or conversion into building plots remained agricultural land till the acquisition and payment of compensation, and...that as the compensation had been paid for the acquisition of agricultural land, the question really involved a determination as to whether the price paid for the land by way of ...
...allotted as surplus land. The appellants also pleaded that as no compensation has been paid for acquisition of their land, by the Ministry of Defence, pursuant to notification is...and void as possession has not been taken by the State and as the land has been acquired, compensation for compulsory acquisition of the land in suit, be paid to Fauja Singh. The suit was dismisse....The land in dispute was owned by Fauja Singh, father of the appellants, but was declared surplus in 1966. Fauja Singh filed a suit for declaration that as the land, in dispute, is in his...
...assessee and Shri Pancholi received compensation for the acquisition of the said land from the Government. This compensation was sought to be taxed in the hands of the association ...acquisition of the said portion of land was taxable as business profit or capital gains. The question was ultimately determined by the Appellate Tribunal which by its order of October 4, 1969, held that th...of Rs. 63,970 for the acquisition of the two plots of land besides the solatium amount of Rs. 10,345-50.
2. A question arose in the course of assessment as to wh...
...in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation .... Sections 21 to 26 provide for determination and payment of compensation for the surplus land acquired by the State Government. Then follow provisions in Sections 27 to 29 in regard to distributi...Government. But for the second proviso, even if a law authorising acquisition of land within the ceiling limit did not provide for payment of compensation, it would be protected from inva...
...the State submits, on instructions, that now the Additional Collector of Land Ceiling is functioning in the district of Palamau. Petitioner has approached this Court for payment of ...Additional Collector had been appointed in the district of Palamau since the year 2009 and final draft publication of the compensation amount have not been made. Learned counsel for.... 7374 of 1974 by the Collector of District Palamau, whereunder 115.82 acres of land were treated as surplus and acquired. Ancestors of the petitioners were allowed to retain three units out ...
...in the holdings of the agricultural land. For the said purpose, the legislature made a fair balance of acquisition of surplus land and compensation therefor. Chapter-II ...interest rate has been provided in the Act of 1973, which is a special enactment, made by the competent legislature with an objective of socio-economic welfare and for acquisition of surplus ...State with power to acquire surplus land and to distribute it amongst the landless; whereas Chapter-III provides for computation and payment of the amount of acquisition and, of course, t...
...words the agricultural lands purchased originally by the assessee for urbanization or conversion into building plots remained agricultural land till the acquisition and payment of compensation, and in...as the compensation had been paid for the acquisition of agricultural land, the question really involved a determination as to whether the price paid for the land by way of ..., (1995) 129 CTR (Del) 33, the Hon'ble Delhi High Court referred to explanation 2(1)(A) relied upon by the Counsel for the Revenue and held that surplus of the ...
...the Union of India dated 03.02.1986 whereby, the Government of India, Ministry of Industry decided that where land acquisition became inevitable, certain principles were to be followed for ...under the Land Acquisition Act. They were paid compensation for it. Therefore, the challenge raised on violation of...they are residents of village Piyala and village Asawati, District Faridabad and notification under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act’) was issued on 27.12.1989 for...