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1 - 10 of 13 (0.21 seconds)Section 10 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
THE PAYMENT OF GRATUITY ACT, 1972
The Urban Land (Ceiling And Regulation) Act, 1976
Section 12 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Repealing Act, 1938
Section 9 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Section 33 in Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 [Entire Act]
The Government Of Tamil Nadu vs M/S. Mecca Prime Tannery on 23 July, 2012
Reference was also made to the decision of the Division Bench in the case of Government of Tamil Nadu vs. Mecca Prime Tannery and another reported in 2012-4-L.W.289, in the support of the contention that if action is not taken under Section 11(6) of the Act for taking delivery of possession, the State Government shall not be deemed to be in possession of those lands. On the above submissions, the learned counsel prayed for setting aside the impugned proceedings.
State Of U.P vs Hari Ram on 11 March, 2013
In this regard, it is beneficial to refer to the recent decision of the Hon'ble Supreme Court in the case of State of Uttar Pradesh vs. Hari Ram reported in (2013) 4 SCC 280, among several issues, the Hon'ble Supreme Court considered the distinction between the vesting of right, title or interest from that of delivery/transfer of peaceful or de facto possession. Three types of delivery of possession was considered namely, voluntary surrender, peaceful dispossession and forceful dispossession. On voluntary surrender, it was pointed out that the word vesting takes in every interest of the property including de jure possession and, not de facto but it is always open to a person to voluntarily surrender and deliver possession, under Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976, (Central Act). With regard to peaceful dispossession, the Hon'ble Supreme Court pointed out that if de facto possession has already passed on to the State Government by the two deeming provisions under sub-section (3) to Section 10, there is no necessity of using the expression where any land is vested under sub- section (5) to Section 10. Surrendering or transfer of possession under sub-section (3) to Section 10 can be voluntary so that the person may get the compensation as provided under Section 11 of the Act early. Once there is no voluntary surrender or delivery of possession, necessarily the State Government has to issue notice in writing under sub-section (5) to Section 10 to surrender or deliver possession. Subsection (5) of Section 10 visualizes a situation of surrendering and delivering possession, peacefully while sub-section (6) of Section 10 contemplates a situation of forceful dispossession. With regard to 'forceful dispossession', it was held that the Act provides for forceful dispossession, but only when a person refuses or fails to comply with an order under sub-section (5) of Section 10. It was pointed out that Section 10(6) of the Act speaks of possession, which says, if any person refuses or fails to comply with the order made under sub-section (5), the competent authority may take possession of the vacant land to be given to the State Government and for that purpose, force-as may be necessary-can be used. It was further pointed out that sub-section (6), contemplates a situation of a person refusing or fails to comply with the order under sub-section (5), in the event of which the competent authority may take possession by use of force, Thus, it was held that forcible dispossession of the land, is being resorted to only in a situation which falls under sub-section (6) and not under sub-section (5) of Section 10 and sub-sections (5) and (6), therefore, they take care of both the situations i.e., taking possession by giving notice, that is, peaceful dispossession and on failure to surrender or give delivery of possession under Section 10(5), then forceful dispossession under sub-section (6) of Section 10. (Section 11(5) and Section 11(6) of the State Act are in pari materia with Section 10(5) & (6) of the Central Act)