irrevocable under section 60(b) of the Easements Act. After discussing the facts of the case, Their Lordships made following observations in para ... based on Section 60(b) of the Indian Easements Act, or in substance asserting such a case, the Lower Appellate Court has found
interested
in an easement affecting the land.
4.5 It is submitted that in the present case, KIADB constituted under
the KIAD Act, 1966 had executed ... careful reading of the aforesaid provisions of the
LA Act, the KIAD Act and the KIADB Regulations would
clearly go to show that the Company
Limitation Act which reads as
under:
“29. Savings.—(1) Nothing in this Act shall
affect section 25 of the Indian Contract
Act ... definition
of “easement” in section 2 shall not apply
to cases arising in the territories to which
the Indian Easements Act
been defined under the Income Tax Act, 1961 , the definition of "license" under the
Indian Easements Act, 1882 , has to be looked into ... examine the facts of the
present case, vis-a-vis, the definition of license under the Indian Easements Act, 1882 , it
would be clear that
Savings.--(1) Nothing in this Act shall affect section 25 of the Indian
Contract Act, 1872 (9 of 1872).
(2) Where any special or local ... easement" in section 2 shall not
apply to cases arising in the territories to which the Indian Easements Act
terms of the provisions of Transfer of Property Act,
1882 and the Indian Easements Act, 1882 , which entitle
the landlord to recover the possession ... provisions of the Easements Act as
submitted by the plaintiff-appellant is accepted, even in
that case, on dissolution of the partnership firm the right
lost grant. For the second mode of acquisition of
easement under the Easements Act , it is necessary that the required period of 20
years ... establish the prescriptive easement. Section 15 of the
Easements Act lays down that 20 years period (30 years in case of Government)
shall be taken
easement, the extent of
easements and how for a dominant owner can increase the
easement granted etc. would arise for consideration.
27. The Indian Easement ... easement which is least onerous to the servient owner.
33. Section 28 of the Act also expressly provides that all
easements other than easement
from reading
of Section 62(d) and (f) of the Indian Easements Act,
1882 , which reads thus:
''62. License when deemed recoked ... Section 62(f) of the Easement Act,
1882, would aptly apply to fact situation of this case;
wherein the apex court has held that licence
Rehabilitation) Act should include a right of easement
following the decisions rendered under the Land Acquisition Act ."
11. The case of Harsook Das (supra ... spoken to by Section 16 of the Land Acquisition Act. Easement of access and
easement of necessity is not to be mixed up with principles
