CiteTEXT
...property in accordance with sub-rules (2) and (3) of Rule 5 of the Land Acquisition (Companies) Rules, 1963. The aforesaid Rules contain a mechanism for adjudication of a dispute relating to the alleged...
...under Section 4 of the Land Acquisition Act is invalid inasmuch as it had been issued without first complying with the provisions of Rule 4 of the Land Acquisition (Companies) Rules, 1963...notification on the ground of legal mala fides as also on the ground of non-compliance with Rule 4 of the Land Acquisition (Companies) Rules, 1963.4. As both these matters...failure to comply with the provisions of Rule 4 of the Land Acquisition (Companies) Rules, 1963. The High Court negatived both the challenges. Mr Nariman, learned counsel for the petitioner invited us...
...) Respondent 5 being not a private company, statutory limitations contained in Section 44-B of the Act are not attracted.(vi) Rule 4 of the Land Acquisition (Companies) ...company.17. The Land Acquisition (Companies) Rules, 1963 for acquisition of land for the companies have been framed by the Central Government in exerc..., the notification was issued without first complying with the provisions of Rule 4 of the Land Acquisition (Companies) Rules, 1963. The High Court has negatived this challenge. We must frankly confess...
...framed and enforced the rules entitled as Land Acquisition (Companies) Rules, 1963 with effect from June 24, 1963. Rule 4 of the ...was issued. In the course, not only a report under Section 5-A of the Land Acquisition Act had been submitted but an agreement as required by ...land had not been initiated before the coming into force of the Land Acquisition (Companies) Rules, 1963.5. Various clauses of rule 4 ...
.... The question involved in this appeal pertains to the nature of enquiry to be conducted under Rule 4(2)(iii) of the Land Acquisition (Companies) Rules, 1963. The referring Bench noticed a judgment of...the landowners of such enquiry is not mandatory, because they will anyway be heard in Section 5-A (the LA Act) enquiry even in regard to the validity of the acquisition in favour of a company...Section 40 could be considered in Section 5-A enquiry itself which would include all and any objection of the landowners including the objection in regard to the acquisition in favour of a company. This...
...view that in holding an enquiry under Rule 4(2)(iii) of the Land Acquisition (Companies) Rules, 1963, the Collector must give individual notice to the landowners to refute the case of the company...Court has observed as follows:“17. Under Rule 3, a Land Acquisition Committee is constituted for the purpose of advising the appropriate Government in relation to...acquisition of land under Part VII of the Act, which is required to tender its advice within one month from the date of which it is constituted though the time can be extended by two months. Here...
...the procedure prescribed in the Land Acquisition (Companies) Rules, 1963. This contention of the learned counsel also is based on misconception of provisions of the Act. It...prescribed in the Land Acquisition (Companies) Rules, 1963 as contended by the learned counsel. Therefore, this contention also fails.8. No other contention has be...opportunity to interested persons to file objection under Section 5-A of the Act.5. To assail the proceeding of acquisition of land contention raised on behalf of the petitioners is that...
...aside on the ground that there was no compliance with the provisions of Rules 3 and 4 of the Land Acquisition (Companies) Rules, 1963 (“Rules” for short). In SCA No. 5149 of 1989 ...the Land Acquisition (Companies) Rules, 1963.7. Arguments have proceeded on the basis that Rules 3 and 4 of the aforesaid Rules are mandatory. The High Court h...“playground of students of Amar Nath Vidya Ashram (Public School), Mathura”. Thereafter, inquiries under Section 5-A and under Rule 4 of the Land Acquisition (Company) Rules, 1963 were made and the...
...conferred by Section 55 of the Act made rules for the guidance of the State Governments known as the Land Acquisition (Companies) Rules, 1963 hereinafter referred to as “the Companies ...”.7. Rule 4 of the Companies Acquisition Rules provides that whenever a company makes an application to the appropriate Government for acquisition of any land, that Government...Land Acquisition (Companies) Rules had not been held lawfully, and, therefore, the notification under Section 6 of the Act was illegal. The reason given by the High Court was that the enquiry under Rule...
...—(i) the Land Acquisition Act, 1894 (1 of 1894), except those of the Central Government under the provisos to sub-section (1) of Section 55, and...(i) the Land Acquisition Act, 1894 (1 of 1894), except those of the Central Government under the provisos to sub-section (1) of Section 55, and...(whether known as Administrator, Chief Commissioner or Lieutenant Governor) within the respective Union territory under:(i) the Land Acquisition Act, 1894 (1 of 1894) except the f...
...acquisition for the company,
sub-rule 2 of rule 4 of Land Acquisition (Companies) Rules, 1963 was required to be complied with. The said rule requires the Collector to...and 6 of the Land Acquisition Act issued by the State government on 9/9/1969 and 15/7/1970 respectively. The land was placed under acquisition with the object of acquiring the said land...mandatory provisions cannot be taken exception to. It need not be said that the decision in the present case will not preclude the State government from placing the land under acquisition under a...
...tested in the light of the provisions of Part VII of the Act, as also the Land Acquisition (Companies) Rules, 1963, it would come out that there has to be an agreement between the State and the...the State, but the one undertaken by the Company M/s International Tractors Ltd. The Court then went on to consider Sections 40 and 41 of the Act along with Rule 4 of the Land Acquisition (Companies) Rules, ...Company, which necessarily provides for the payment of cost of acquisition to the Government. It must entail the transfer of such land to the Company. Similarly, under Rule 5 of the Rules of 1963, the...
...cited by the respondents dealt with acquisition for a company in accordance with Part VII of the Act and the Land Acquisition (Companies) Rules, 1963.61. Part VII of th...under Section 6 showed that it was under Part VII. The declaration clearly referred to the inquiry made under Rule 4 of the Land Acquisition (Companies) Rules, 1963 and the agreement entered into...acquisition proceedings under the Karnataka Land Acquisition (Companies) Rules to acquire an extent of 15.00 acres of land in Survey No. 49 of Maralur Village, Tumkur Taluk in favour of the State ...
...Article 226 of the Constitution of India inter alia on the ground that the provisions of Rule 4 of the Land Acquisition (Companies) Rules, 1963 (hereinafter referred to as “the Rules”) made by the...Central Government in exercise of the powers conferred under Section 55 of the Act, which by virtue of Rule 1(2) of the Rules apply to acquisition of land for all companies under Part VII of the Act, have..., 1970 in Special Civil Application Nos. 116 of 1967, 1621 of 1967 and 1622 of 1967 arise thus.2. Proceedings under the Land Acquisition Act, 1894, (hereinafter referred to as...
...which is quoted below:—“Now, therefore, the Governor of Uttar Pradesh after considering the report made under Sec. 5-A of the said Act and the report submitted by the Land Acquisition Committee as provided under ...petitioner, has challenged the validity of the Government notification dated 26th October, 1967, on a variety of grounds. It is urged that the provisions of Rule 4 of the Land Acquisition (Companies) ...submitted by the land Acquisition Committee as provided under Rule 4(4) of the land Acquisition (Companies) Rules, 1963, ——————..”8. There is no...
...provisions of the Land Acquisition (Companies) Rules, 1963 the notice issued under sub-sec. (1) of Section 4 of the Act No. XXIV stood vitiated, and the further proceedings take...are also liable to be quashed. The Central Government framed and enforced Land Acquisition (Companies) Rules, 1963 with effect from June 24, 1963. Ru...Land Acquisition (Companies) Rules, 1963 have been framed by the Central Government under Section 55 of the Land Acquisition Act, 1894 (Act N...
...compliance with Rule 4 of the Land Acquisition (Companies) Rules, 1963 (hereinafter called “the Rules”) is necessary before issuing notifications under Section 4 of the Land ...Section 4 as one of the factors to be taken into consideration in determining the compensation to be paid. Part VII of the Act deals with acquisition of land for companies. Section 41 of the Act provides...periodical reports. Rule 8 of the Rules deals with the conditions under which sanction is to be given for transfer of land. Rule 9 deals with special provisions in relation to certain companies. It is not...
.... Rule 4 of the Land Acquisition (Companies) Rules, 1963 (hereinafter referred to as the Rules) lays down that whenever the company makes an application for ...Acquisition (Companies) Rules 1963 were not complied inasmuch as no notice was given to the petitioner nor any inquiry as contemplated by the rule was ever held by the Collector Since the...Rule 4 of the Land Acquisition (Companies) Rules was ever served upon the petitioner and he was not afforded any opportunity to contest the proceeding. Three different counter...
...company acquisition under Part VII of the Land Acquisition Act, no steps were taken for private negotiations between the parties. The entir...company, the respondents 1 and 2 have not strictly followed the provisions, particularly Part VII of the Act and the Land Acquisition (Companies) Rules, 1963;(ii) Respondents 1 and 2...proceedings, contended that they complied with all the provisions under Part VII of the Act as well as Land Acquisition (Companies) Rules, 1963. He also contended that petitione...
...the Land Acquisition (Companies) Rules, 1963 (hereinafter referred to as “Rules, 1963”). It is submitted that in the present case, Part VII has been complied with as under.... It is further submitted that even no inquiry was conducted under the Rules, 1963, which has been established and proved from the response by the Special Land Acquisition Officer to the RTI query dated 27.05.2008....notifications under Section 4(1) of the LA Act without complying with the mandatory provisions of Section 39, 41 and 42 of the Land Acquisition Act read with Rules 3(2) and 4 of the Land Acquisition (...