joint occupant along with the occupier. The legislature has
contemplated as to who is an occupier. The definition itself gives
some indication that ultimately what ... joint occupant along with the occupier. The legislature has
contemplated as to who is an occupier. The definition itself gives
some indication that ultimately what
liable for criminal prosecution.
3. The Explanation attached to the definition of "Occupier" as provided under section ... clause and includes the owner of a factory in the definition of "Occupier".
4. It is next contended that the applicant being
said Act of
1976. He pointed out that definition of occupier is very wide and when it
::: Downloaded on - 09/06/2013 ... joint occupant
along with the occupier. The legislature has
contemplated as to who is an occupier. The
definition itself gives some indication that ultimately
what
should be nominated as an occupier, even though in the
definition of an occupier under Section 2(n) , it was
provided that an occupier means ... which as already
noticed, besides amending the definition of an occupier
under Section 2(n) of the Act by addition of various
provisos thereto also
more appropriate in the context of the definition of "occupier"
in the present Act.
Some of the relevant provisions ... with Section 12(6) of the previous Act. The
definition of "occupier" in Section 12(6) of the previous Act was restricted
High Court had naturally to consider the scope of the
definition of "Occupied land" under s. 2 (1) (ix) of the
Abolition ... Jagirdar or any other person.
We have already extracted the definition of "occupied land'.
The essential ingredient of such land is that
submission has no merit. In the first instance, the definition of "occupier" in the Act specifically provides that the expression should be construed ... Legislature refrained from doing, namely, give an exhaustive definition of the word 'occupier ' for the purposes of the Act, but I should
because the said judgment does not deal with the definition of the word "Occupier" and therefore, it can have no application ... Strouds Judicial Dictionary is concerned, the definition of the word "Occupier" has also given an illustration vide Entry No. 21, the photocopy whereof
answer to the following question : is a trespasser covered by the
definition of `occupier' in Section 2(e)(v) of the Maharashtra Slum
Areas ... decided to be the law."
11
15. Insofar as the definition of `occupier' in Section 2(e) of the
1971 Act is concerned
Angal that the trespasser would not fall within the definition of "occupier" is accepted, then it would lead to very curious results, because ... narrow construction employed by the learned Judge while examining the definition of "occupier" under Section 2(e)(v) of the Act. Mr. Justice
