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Sunday, March 28, 2010

2009(1) LAW HERALD (P&H) 200 (SC)
IN THE SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice R.V. Raveendran
The Hon’ble Mr. Justice Lokeshwar Singh Panta
Civil Appeal No. 5607 of 2008
Haryana Rajya Sainik Board-cum-Defence &
Security Relief Fund & Member Management Committee
v.
Mohan Lal
{Decided on 11/09/2008}
For the Appellant : Mr. Alok Sangwan and Dr. Sushil Balwada, Advocates.
For the Respondents : Mr. Promila Nair and Mr. Prem Malhotra, Advocates.
Service Law--Regularisation of service--Daily wages--'Mali'--Respondent appointed by Committee on temporary basis--Committee is neither Government Department nor a statutory body or an instrumentability of State--Committee gets aid from Haryana Government only to augment the fund--Policy decision of Government regarding regularisation of daily wagers/work charged/daily rated employees--Held; Respondent was not an employee of State of Haryana in Group 'C' or Group 'D' posts nor was he engaged in any Department or any other authority of State on daily wage nor was in cadre of reserved category--Policy decision of State not applicable to respondents--Regularisation by High Court set aside--Industrial Disputes Act, 1947, Section 25F.
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Ass Mohammad v. Mohammad Hanif
2009(1) LAW HERALD (P&H) 203
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ajay Kumar Mittal
C.M. No. 4604-C of 2003 and R.S.A. No. 1592 of 2003
Ass Mohammad
v.
Mohammad Hanif
{Decided on 25/09/2008}
For the Appellant: Mr. O.P Sharma, Advocate.
For the Respondents: Mr. Amit Sharma, Advocate.
Land and Property Law--Redemption of Mortgage--Provisions of Section 59 extended to State of Haryana on 5.8.1967--Prior to 5.8.1967 there was no impediment in creating mortgage either orally or by an unregistered instrument--Extinction of mortgage vide receipt on 2.6.1964, prior to enforcement of provisions of Section 59 to State of Haryana by an unregistered instrument is legal and valid--|Transfer of Property Act, 1882, Section 59. (Para 11 & 12)
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Punjab Small Scale Indust. & E. Corp. v. Bhajan Singh
2009(1) LAW HERALD (P&H) 206
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajesh Bindal
R. F. A No. 2801 of 2005 (O&M)
Punjab Small Scale Industries and Export Corporation
v.
Bhajan Singh
{Decided on 08/12/2008}
For the Landowners: Mr. N. S. Swaitch, Mr. G. S. Punia, and Mr. A. S. Sullar, Mr. Naresh Kaushal, and Mr. H. N. S. Gill, Advocates and Mr. Vijay Lath, Advocate, for Mr. Naveen Sharma, Advocate.
For the PSIEC: Mr. B. S. Kanwar, Mr. Sourabh Goel, Advocates for Mr. Govind Goel, Advocate.
(A) Land and Property Law--Acquisition of Land--Compensation--Enhancement of--Sale transaction--Fair value--Determination--Land acquired for setting up of industrial focal point--Land located on national highway--Prior to acquisition area declared industrial zone for purpose of grant of subsidy for setting up of industrial unit--Some industries existing on acquired land released from acquisition--Average price pertaining to both sale deed relied come to Rs.5,60,00 per acre--Land located on main highway--Land dealt in these sale deeds small pieces of land--Acquisition of big chunk of land measuring 29.53 acres of Land--Cut of 50% would be appropriate--Value of acquired land can be assessed at Rs.2,80,000/- per acre for land located upto depth of 100 meters from Highway and for land behind it award of Court below @ 2,22,560/- per acre upheld--|Land Acquisition Act, 1894, Sections 4 & 6. (Para 13 & 16)
(B) Land and Property Law--Acquisition of Land--Categorisation of Land--Land acquired for setting up of industrial Focal Point--Area is fast industrializing--Number of industries already setup there and some of them released from acquisition--In such situation to hold that some part land is barani or chahi would not be fair as land had urban potential--|Land Acquisition Act, 1894, Sections 4 & 6. (Para 17)
(C) Land and Property Law--Acquisition of Land--Valuation of fruit bearing trees--Increase in index price--Acquisition carried out in 1991-- State calculated value of fruit bearing trees as in 1985--There is difference of price index to the tune of 80% from 1985 to 1991--For determination of value of fruit bearing trees the difference in wholesale price index has to be granted after applying Dr. Nijjar’s formula--Land owners are entitled to increase @80% as against 60 % granted by Court below--|Land Acquisition Act, 1894, Sections 4 & 6. (Para 18)
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