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1 - 10 of 19 (0.26 seconds)Section 14 in The Land Acquisition Act, 1894 [Entire Act]
Pankaj Bhardwaj And Others vs Union Of India And Others on 17 October, 2011
The above submissions regarding the sale deed of
respondents was also considered and rejected in the case titled Pankaj Bhardwaj v.
UOI in LAC no. 3149/16 vide judgment dated 26.08.2017. The said argument of the
respondent was not accepted. The respondents cannot go against the Award already
been passed by the LAC in view of bar u/Sec. 25 of LA Act that compensation cannot
be granted lower than already awarded in the Award.
Jawajee Naganatham, Etc. vs Revenue Divisional Officer, Abilabad ... on 29 October, 1982
4. Jawajee Nagnatham v. Revenue Divisional Officer
Hence petitioner has demanded enhanced compensation at market value of
Rs.5 lakh per sq. mtr. Rs. 15 lakh as value of structure and Rs.25 lakh as severance
charges, Rs.10 lakh as cost of fixtures and fittings other than statutory and additional
benefits. Vide Ex.PW6/4R2 it is recorded that valuation of super structure could not
be completed till the time of making of Award which would be subject matter of
supplementary Award.
Section 18 in The Land Acquisition Act, 1894 [Entire Act]
Delhi Development Authority vs Ganga Singh on 11 July, 1980
The relevant citation from Hon'ble High Court
of Delhi titled as Delhi Development Authority vs Ganga Singh on 11 July, 1980
Equivalent citations: 1980 CriLJ 1175, 18 (1980) DLT 354, 1981 RLR 186 is
reproduced hereasunder:
Justice K.S.Puttaswamy(Retd) And Anr. vs Union Of India And Ors. on 24 August, 2017
In other
words so long as regulations are not framed an occupier of a land or a building
cannot be deprived of taking advantage of the proviso to section 14. Pending
framing of the Regulations prosecution in respect of a non-conforming user
prior to the coming into force of any of the plans, is misconceived.
(17) The view that we have taken is reinforced by two earlier decisions in Sarojini
Market Shopkeeper Association (Rogd.) another v. Union of India and others,
1964 Plr 1144 and Lal Singh and others v. The Lt. Governor, Delhi and others, .
Lal Singh And Ors. vs The Lt. Governor, Delhi And Ors. on 16 July, 1971
14.
(18) In case Lal Singh and others (supra) the petitioners challenged the acquisition
of their lands and buildings, amongst others, on the ground that their Colony
(Shakarpur Extension Colony) was in existence prior to 1959 in which the
petitioners had built the residential houses over a large number of plots owned by
them and that the aforesaid Colony had been car-marked as a residential area in the
Master Plan for Delhi and that in the Draft Zonal Development Plan also, except
for a small portion, it had been shown as residential area and that the houses built
in the Colony did not in any way violate the land use pattern provided in the
Master Plan The precise argument was that both according to the provisions of law
contained in section 14 of the Act and the policy announced by the Government
from time to time, the built up areas were not to be disturbed even if such areas
were not in conformity with the Master Plan and the Zonal Development Plan.
Dealing with the submission pertaining to section 14 of the Act, it was observed
that the main part of the section prohibits the user of a land or building in a zone
otherwise than in conformity with either the Master Plan or the Zonal
Development Plan for the zone. But the proviso lays down an exception to the
main provision, and states that the previous user to which the land or the building
was being put on the date on which such plan came into force can be lawfully
continued upon such terms and conditions as may be prescribed by regulations
made in that behalf. It was observed that it is true that the proviso states that the
continuation of the user has to be upon such terms and conditions as may be
prescribed by regulations made in that behalf, but that does not mean that the
exception recognised under the proviso does not operate so long as no regulations
are made. The words "upon such terms and conditions as may be prescribed by
regulations made in the behalf" in the proviso only enable the Authority concerned
to make regulations prescribing terms and conditions for the continuation of the
previous user. If regulations are not prescribing such terms and conditions, it
only means that the continuation of the user permitted by the proviso would
be subject to no terms and conditions. In other words, it was held, a person
does not lose the benefit of the proviso if he is otherwise entitled to it, merely
because the authority concerned has not chosen to make regulation
prescribing terms and conditions for the continuation of the previous user.
The concerned authority by closing not to avail of the enabling provision in the
proviso, cannot circumvent the rest of the provision in the proviso and deprive the
petitioners of the benefit conferred there under.
The Madras And Southern Mahratta ... vs Bezwada Municipality on 30 March, 1944
(20) Reliance placed on Madras and Southern Maharatta Ry. Co. Ltd. v. Bezwada
Municipality ; Links Advertisers and Business Promoters v. Commissioner
Corporation of the City of Bangalore, ; and Shah Bhojraj Kuverji Oil Mills and
Ginning Factory v. Subash Chandra Yograj Sinha, , is misplaced, having no
bearing on the question under consideration.
The Links, Advertisers And Business ... vs The Commissioner, Corporation Of The ... on 3 December, 1975
(20) Reliance placed on Madras and Southern Maharatta Ry. Co. Ltd. v. Bezwada
Municipality ; Links Advertisers and Business Promoters v. Commissioner
Corporation of the City of Bangalore, ; and Shah Bhojraj Kuverji Oil Mills and
Ginning Factory v. Subash Chandra Yograj Sinha, , is misplaced, having no
bearing on the question under consideration.