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Documents citing State Of Tamil Nadu And Ors. vs Narendra Dairy Farms (P) Ltd. And Anr. on 17 September, 1986

P. Gopirathnam And 4 Others vs Ferrodous Estate (Pvt.) Ltd., Rep. By ... on 3 March, 1999

In paragraph 5 of the Judgment, their Lordships held thus, "... As would be seen from a plain reading of the section, the Urban Land Ceiling Act overrides the other laws for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or other authority. In view of section 43 of the Urban Land Ceiling Act, the Urban Land Ceiling Act has to be given a full play and any proceeding which are pending on the date ' when the Urban Land Ceiling Act comes into force would have to cease in case the Urban Land Ceiling Act applies to those proceedings, to the extent of such application and declaration of the excess land. A provision similar to S.43 of the Urban Land Ceiling Act is available in S.4 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The Division Bench in State v. Narendra Dairy Farms (P) Ltd., however, did not advert to the effect of S.4 on the proceedings under the Land Acquisition Act. It appears that the provisions of S.4 were not brought to the notice of the learned Division Bench, for, had the same been brought to the notice of the learned Division Bench, for, had the same been brought to its notice, the overriding effect of S.4 could not have been ignored and the judgment would then perhaps have been different.
Madras High Court Cites 38 - Cited by 20 - Full Document

P.Subbulan vs The Commissioner Of Land Reforms on 26 November, 2024

In the case of the State of Tamil Nadu and others Vs Narendra Diary Farms Private Limited and others, reported in AIR 1987 MAD 161, the issue was whether the Government was jusitifed in abandoning the acquisition proceedings and resorting to land ceiling proceedings for taking over the lands. The facts are completely different inasmuch as the possession of the lands were initially taken under the land acquisition proceedings by the respondents and thereafter, the acquistion proceedings were abandoned and the land ceiling Act was initiated, in such context, the Court held that the acquistion of lands for the purpose of irrigation scheme under the provisions of Land Ceiling Act amounted to colourable exercise of power by the Government. In my view, said judgment does not apply to the facts of the case on hand.
Madras High Court Cites 5 - Cited by 0 - Full Document
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