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1 - 10 of 17 (0.20 seconds)The Land Acquisition Act, 1894
The Code of Civil Procedure, 1908
Nagin Chand Godha vs Union Of India (Uoi) And Ors. on 30 April, 2003
In paragraphs 7 and 8 of the said judgment (CWP 3709/2002 disposed of on 5th February, 2003), reference is made to the same paragraph 2 of the possession report on which the appellant herein also relies upon. This Court referred to the subsequent possession report dated 15th December, 1977 and accepted the position that possession of the said land covered by khasra No. 2030/964 and khasra No. 2031/964 measuring 2 bighas and 16 biswas was also taken over by the Collector on 15th December, 1977 and on the same date it was handed over to the Army authorities. The said findings are binding and final. The appellant could not have claimed himself as owner of the land, for even before us it is an admitted position that the land in question belonged to Lal Singh. Therefore, the appellant suppressed material facts in this proceeding and also in the earlier proceeding under the Act. Suppression of such material facts at every stage by the appellant reflects on his conduct and the writ petition and the appeal could only be rejected only on the said ground of conduct.
The Chancellor And Anr. vs Dr Bijayananda Kar And Ors. on 4 November, 1993
In this connection, we may refer to the decision of the Supreme Court in The Chancellor and Anr. v. Dr. Bijayananda Kar and Ors. the Supreme Court has held that when there is suppression of material facts, court would be justified in dismissing the writ petition.
Satish Khosla vs M/S Eli Lilly Ranbaxy Ltd. & Another on 12 December, 1997
The aforesaid judgment was also followed by a Division Bench of this Court in Satish Khosla v. Eli Lilly Ranbaxy Ltd. and Anr. reported in 1998 (I) AD (Delhi) 929. The Division Bench in the aforesaid judgment dated 5th February, 2003 also held that handing over and taking over possession is witnessed by officials of Collector, Land Acquisition, Army authorities and others, evidencing the fact of having taken over possession on the spot on 15th December, 1977. It was held that such document filed under the provisions of the Land Acquisition Act has the effect of absolutely vesting the property in Government, free from all encumbrances.