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1 - 10 of 10 (0.22 seconds)The Land Acquisition Act, 1894
The Punjab Tenancy Rules
State Of Andhra Pradesh & Ors vs Nallamilli Rami Reddi & Ors on 29 August, 2001
6. The petitioners, admittedly, are not the owners of the land in question. The land in question admittedly belongs to the Temple. The petitioners are merely cultivating tenants of the land in question, having taken the same on lease from the Temple. The right of the petitioners over the land in question, if any, is to the extent of their tenancy rights, which they got under the tenancy agreement. The tenancy in respect of the land, if any, subsists only between the petitioners and the Temple. It is not known whether the Temple, which is the owner of the land, which is under cultivation of the petitioners, has any objection to the acquisition. The tenancy between the petitioners and the Temple, in respect of the land, admittedly has no statutory force, and tenancy having no statutory force, cannot come in the way of the land acquisition proceedings, which are initiated under the Act, which is a special enactment, enacted for acquisition of land needed for public purposes. Though the petitioners contend that they being tenants of the Temple, are entitled to be extended the benefits of Section 82 of the Endowments Act, it is required to notice that the Apex Court in State of A.P. and Ors. v. Nallamilli Rami Reddy and Ors., , had held that the tenancy laws would not be applicable in relation to lands belonging to a Charitable or an Endowment Institution. Therefore, the petitioners being merely tenants of the Temple, cannot seek to enforce their tenancy over the land, which is under their cultivation, and which admittedly belongs to the Temple, which is a Charitable Institution, and more so when it is sought to be acquired by the first respondent, for a public purpose, namely providing house sites to weaker sections of the society.
Section 4 in Appropriation of Endowments Rules [Entire Act]
Section 11 in The Punjab Tenancy Rules [Entire Act]
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Section 82 in The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 [Entire Act]
Kona Venkanna vs The District Collector And Ors. on 30 April, 2004
5. The learned Government Pleader for Land Acquisition submitted that the issue involved in this writ petition is squarely covered by the judgment of this Court in Kona Venkanna v. District Collector, Kakinada, . He, submitted that except the lands belonging to the Temple, there are no other lands available, which are suitable for providing house sites to weaker sections, and therefore, the land belonging to the Temple, which is in the possession of the petitioners as tenants thereof, was sought to be acquired, and accordingly Notification Under Section 4(1) of the Act was issued for its acquisition, and no exception can be taken thereto. The petitioners being tenants of the Temple would be eligible for their share of compensation that may be paid to the Temple for acquisition of their lands.
Bammidi Jagannayakulu And Others vs District Collector, Srikakulam And ... on 23 June, 1999
"A tenant cannot have more rights than the owner. When the question of acquisition of land comes, if the owner cannot defeat the provisions of Land Acquisition Act can a tenant defeat such provisions? Under Section 11 of the Tenancy Act change of ownership in lands which are under tenants is possible. So, by issuing a notification Under Section 4 of the Land Acquisition Act, the State has expressed its intention to take the lands into their own ownership. Under the Land Acquisition Act, State can become the owner of any property provided the property is taken for a public purpose and after following the procedure laid down by the Land Acquisition Act. Change of ownership is not barred under the A.P. Tenancy Act, therefore, State can become owner of the lands which are owned by landlords whether they are temples or private individuals. Once the land is taken in the ownership of the State, the A.P. Tenancy Act, 1956 becomes inoperative by virtue of Section 18 of the same Act. Section 18 of the Tenancy Act lays down that, nothing in the Tenancy Act shall apply to the lands owned by the State Government or the Central Government. Acquisition, per se, is not barred under the Tenancy Act. Change of ownership, is also not barred under the Tenancy Act. There cannot be any bar to the State Government to take the lands into its possession under the provisions of Land Acquisition Act which are in the possession of tenants at a particular point of time."
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