person, in an application under sub-section (1), claims any tenancy or leasehold rights upon the secured asset, the Debt Recovery Tribunal, after examining ... Debt Recovery Tribunal is satisfied that tenancy right or leasehold rights claimed in secured asset falls under the sub-clause (a) or sub-clause
purposes of this sub-section, where an assessee having any leasehold or other right of occupancy in any land transfers such right, he shall
section (1), the actual cost of the fixed assets, being land, buildings, leaseholds, plant, machinery, furniture, fittings and railway sidings (including expenditure on development ... section (1), the actual cost of the fixed assets, being land, buildings, leaseholds, plant, machinery, furniture, fittings and railway sidings (including expenditure on development
owner entered into an agreement to transfer the leasehold rights
in the said property to the petitioner and a sum of Rs. 4.5 lakhs ... house put up on the aforesaid plot
of land along with the leasehold rights in the said land was executed
between the parties wherein
granted in regard to interest, to
the lessees - respondents (who had secured leasehold interest in sites
belonging to UT Chandigarh in public auctions held ... residential sites and 71
commercial sites in different sectors of Chandigarh, on leasehold basis
subject to the General Terms and Conditions regarding auction. The relevant
sections 269UD and 269UE of the Act which speak of encumbrance and leasehold rights, the Supreme Court said "In our view, the submissions ... question would vest in the Central Government subject to such encumbrances and leasehold interests as are subsisting thereon except for such of them
Explanation. - For the purposes of this section, an assessee having a leasehold or other right of occupancy in any land shall be deemed
mere
fact that them is no fence or barbed wire around the
leasehold premises is not conclusive. There is evidence to
show that the public ... pleaded : "That for the specific purpose of mining
operations within their leasehold areas, they possess
Caterpillar Bulldozers Model D.S. Letourneau Westinghouse
Dumpers
Lokayukta
dated 18.12.2008) indicated large scale encroachment into forest areas by
leaseholders and ongoing mining operations in such areas without requisite
statutory approval and clearances ... that steps for implementation of the R & R
Plan in the leasehold areas are proceeding effectively and
meaningfully, and
(III) a written undertaking
haphazard, irregular and
unscientific manner of quarrying sand by the quarry
leaseholders, thereby impairing smooth flow of water and
causing damage to riverbeds, river banks ... validity of Rule
38A, ought not to have excluded the existing leaseholders
(in regard to Government lands) and permission holders (in
regard to Ryotwari lands