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Bijender Kr Gupta vs Corporation Bank Of India on 22 November, 2013

8. There is no gainsaying that Section 31(i) of the SARFAESI Act makes the provisions of this Act inapplicable on any security or interest created in an agricultural land. The question for consideration is thus, whether any land on which a banquet hall has been built would still retain the character of an „agricultural land‟. The learned counsel for the Petitioner relies on a Division Bench judgment of this Court in Bihari Lal & Ors. v. Union of India & Anr., AIR 1979 Delhi 84 to contend that any land which could be put to agriculture will continue to be an agricultural land as envisaged under Section 31 of the SARFAESI Act.
Delhi High Court Cites 62 - Cited by 17 - G P Mittal - Full Document

Smt. Kamlesh Kumari vs Union Of India on 8 July, 2011

Jjudgement relied upon by the Ld counsel for the petitioner titled as Bihari Lal Vs. UOI, AIR 1979 Delhi 84 , in my view same is also not applicable because in that case the petitioner had constructed a house on the agricultural land, therefore, the court was of the view that as per section 3 (12) of the DLR Act a dwelling house on the holding by the tenure holder is regarding as improvement, whereas in the present LAC No.437A/08 Page 16 of 23 case petitioner had constructed a chemical factory, which is not connected for the purpose ancillary to the agricultural, further failed to prove that land is being used for agricultural purpose.
Delhi District Court Cites 19 - Cited by 0 - Full Document

Sh. Kartar Singh vs Union Of India on 6 September, 2010

Another judgement relied upon by the Ld counsel for the petitioner titled as Bihari Lal Vs. UOI, AIR 1979 Delhi 84 , in my view same is LAC No. 104A/09 Page 30 of 34 also not applicable because in that case the petitioner had constructed a house on the agricultural land, therefore, the court was of the view that as per section 3 (12) of the DLR Act a dwelling house on the holding by the tenure holder is regarding as improvement, whereas in the present case petitioner has constructed Dharam Kanta, which is not connected for the purpose ancillary to the agricultural, further failed to prove that land is being used for agricultural purpose.
Delhi District Court Cites 25 - Cited by 0 - Full Document
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