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1 - 5 of 5 (0.21 seconds)Section 6 in The Land Acquisition Act, 1894 [Entire Act]
Section 30 in The Land Acquisition Act, 1894 [Entire Act]
Section 31 in The Land Acquisition Act, 1894 [Entire Act]
Km. Kulwant Kaur Dhanjal And Ors. vs Union Of India (Uoi) And Ors. on 24 August, 1999
9. This Court is bound by the Judgment of the Full Bench in Shiv Devi which unambiguously states that where the purchase of land is made after announcement of the Scheme then such purchase would be viewed as being speculative and would disentitle such purchaser from being allotted an alternative land. By the judgment dated 24.8.1990 in Kulwant Kaur v. Union of India 1990 (42) DLT 33 Division Bench of this Court had occasion to discuss the entitlement of persons whose lands had been acquired. In the said judgment a reference has been made to the schemes of 1961, 1967 and 1989. The Division Bench in Kulwant Kaur explained that in Shiv Devi the 'Full Bench was interpreting the scheme of 1961' which was materially different from the scheme in 1989. This much is clear from the decision in Kulwant Kaur that the scheme under which the claim in Shiv Devi was being considered was the 1961 scheme, which is the scheme under which the present claim of the petitioner has also been processed. Even if one were to apply the 1967 scheme the petitioner here cannot seek benefit there under since admittedly the petitioner purchased the land in question on 28.7.1971 long after the 1967 scheme was announced. In that view of the matter, the claim of the petitioner here for allotment of alternative land is not sustainable in law.
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