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1 - 10 of 34 (0.31 seconds)Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Section 28 in The Land Acquisition Act, 1894 [Entire Act]
Article 14 in Constitution of India [Constitution]
The Land Acquisition Act, 1894
Sales Tax Officer & Anr vs M/S. Shree Durga Oil Mills & Anr on 15 December, 1997
v. P.P. State Electricity Board and Ors. (AIR 1997 SC 3810 ) and in Sales Tax officer and Anr. v. Shree Durga Oil Mills and Anr. (1998 (1) SCC 573), it was further held that the Government could change its industrial policy if the situation so warranted and merely because the resolution was announced for a particular period, it did not mean that the government could not amend and change the policy under any circumstances. If the party claiming application of the doctrine acted on the basis of a notification it should have known that such notification was liable to be amended or rescinded at any point of time, if the government felt that it was necessary to do so in public interest."
Section 32 in The Land Acquisition Act, 1894 [Entire Act]
Kalyani Sahkari Awas Samiti Ltd. & ... vs U.P. Awas Evam Vikas Parishad Ghaziabad ... on 18 January, 2010
The petitioner, in Writ Petition No. 48641 of 2007 (Ashyana Sahkari Awas Samiti Ltd. Vs. State Of U.P. Thru' Principal Awas Vikas U.P. & Others) is a registered Housing Cooperative Society within the meaning of U.P. Cooperative Societies Act, 1965. The society by various sale-deeds purchased the land from owners in village Kaila and Mitthapur. The sale-deeds were obtained on different dates from 20th December, 1998 to 28th March, 2000. The Society purchased the land to provide the residential accommodation to its members after development. The State Government from time to time had taken various policy decisions in context of acquisition of land of Registered Housing Cooperative Societies. A Government Order dated 2nd June, 1998 was issued by the State Government referring to earlier Government Order dated 9th April, 1980 and 25th April, 1984 by which the State Government to bring uniformity in acquisition of land by various Development Authorities and U.P. Awas and Vikas Parishad laid down various conditions for regularising the land of various Registered Housing Cooperative Societies. The Government Order provided that in event prior to issuance of notification under Section 4 (of Land Acquisition Act), the land has been purchased by Housing Cooperative Societies or it has been sold to its members, the said land shall be regularised under the Scheme of Awas Evem Vikas Parishad / Development Authorities. The government order further provided that 60% of the acquired land after development be made available to the Cooperative Societies. A notification under Section 28 of U.P. Awas Evem Vikas Parishad Adhiniyam, 1965 was issued on 28th November, 1998, for an housing scheme, namely, "Delhi Bulandshar Bye Pass Road, Bhumi Vikas Evam Grahashthan Yojna Ghaziabad". In the said notification, land of the petitioner's society was also included. Notification under Section 32 of the 1965 Act dated 19th September, 2002 was published, notifying the scheme which scheme was published in the U.P. Gazette dated 12th October, 2002. The State Government issued a Government Order dated 22nd October, 2002 laying down the policy decision for regularisation of land of Registered Cooperative Housing Societies. The State Government in Government Order dated 22.10.2002 had referred to earlier Government Order dated 10th September, 2001 after considering the policy as was then existing. The Government decided to modify the policy of regularisation of land of Registered Housing Cooperative Societies. Under the new policy, the State Government laid down several conditions. One of the condition which was mentioned in the Government Order dated 22nd October, 2002 was to the effect that only that land of Registered Cooperative Societies be included for regularisation which was purchased 18 months before issuance of notification under Section 4 of the Land Acquisition Act.
State Of Orissa And Ors vs Mangalam Timber Products Ltd. Etc on 11 November, 2003
The petitioners have also placed reliance on judgement of Apex Court in (2004) 1 SCC 139 State of Orissa and others Vs. Mangalam Timber Products Ltd. In the said case respondents had established an industry. The respondents consumed the raw material, subsequently the State Government proposed to make a revision with retrospective effect the price of raw material which decision was challenged and struck down by the Apex Court. The Apex Court has affirmed the judgement of High Court and laid down following in paragraph no. 4 : -
Mahabir Vegetable Oil (P) Ltd. vs State Of Haryana And Ors. on 1 February, 2002
The judgement of Apex Court in (2006) 3 SCC 620 Mahabir Vegetable Oils (P) Ltd. Vs. State of Haryana and others was a case where the Apex Court laid down that what is granted by the State can also be withdrawn by the Government except in cases were the principles of promissory estoppel applies. It is useful to quote paragraphs 35 and 36 :-