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Tuesday, March 30, 2010

2009(3) LAW HERALD (P&H) (FC) 2362
FINANCIAL COMMISSIONER, HARYANA
Before
L.S.M. Salins, FCH
ROR No. 558 of 2007-08
Dharma
v.
Sultan & Ors.
{Decided on 22/04/2009}
For the Appellants: Mr. Ashok Verma, Advocate.
For the Respondents: Mr. M.P.S. Mann, Advocate.
IMPORTANT POINT
Partition--Mode of Partition could not be changed without Collector’s permission
Punjab Land Revenue Act, 1887, Ss.111 & 112--Partition--Amendment to the mode of partition--An order permitting amendment to the mode of partition has to be clear and specific--Mode of Partition amended without proper sanction--Mode of Partition could not be changed without Collector’s permission--Impugned order set aside.
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Union of India & Anr. v. Sher Singh & Anr.
2009(3) LAW HERALD (P&H) 2364
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
FAO No. 1126 of 1989
Union of India & Anr.
v.
Sher Singh & Anr.
{Decided on 16/04/2009}
For the Appellants: Mr. Ram Chander, Advocate.
For the Respondents: None.
Requisitioning and Acquisition of Immovable Property Act, 1952, S. 7 and 8--Land Acquisition for defence purposes--Claimants not satisfied with award sought for appointment of arbitrator under the provision of act--Arbitrator awarded compensation @ Rs. 50/- per marla along with solatium and interest charges--Land was requisitioned for defence purposes in the year 1969-- The Arbitrator was appointed in 1989 after 18 years--Act is silent in respect of grant of solatium and interest--Respondents shall not be entitled to solatium and interest as awarded by the Arbitrator but shall be entitled to interest @ 6% per annum from the date of acquisition till the date of deposit on equitable grounds.
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Gurmeet Kaur v. Commissioner, Jalandhar Division, Jalandhar
2009(3) LAW HERALD (P&H) (FC) 2366
FINANCIAL COMMISSIONER, PUNJAB
Before
Dr. B.C. Gupta (FCP)
ROR No. 1157 of 2007
Gurmeet Kaur and Ors.
v.
Commissioner, Jalandhar Division, Jalandhar
{Decided on 20/03/2009}
For the Petitioners: Mr. Rakesh Kumar, Advocate.
For the Respondent Nos. 4 to 6: Mr. G.S. Nagra, Advocate.
(A) Punjab Land Revenue Act, 1917, Ss.34, 35 & 38--Mutation--Mutation is an instrument for carrying out changes in the record of right based on valid legal documents--It is a settled principle of law that revenue officers while taking decisions on mutations, are not required to go into intricate questions of law and facts--As and when any new order is passed by civil court, the revenue officers duty bound to enter a fresh mutation, based on that order and carry out correction in the revenue record. (Para 4)
(B) Punjab Land Revenue Act, 1917, Ss.34, 35 & 38--Mutation--Commissioner sanctioned mutation in favour of respondent--On basis of registered sale deed--Sale deed was a matter of litigation before Civil Court--Sale deed may be a matter of civil litigation, but it has to be given effect to by revenue authorities, as the job of revenue authorities is to keep the revenue record upto date--Order of the Commissioner upheld.
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Kaushalya Devi v. State of Haryana & Ors.
2009(3) LAW HERALD (P&H) 2367
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ranjit Singh
Civil Writ Petition No.3911 of 1983
Kaushalya Devi
v.
State of Haryana & Ors.
{Decided on 05/05/2009}
For the Petitioner: Mr .Arun Nehra, Advocate.
For the State: Mr. Narender Sura, AAG, Haryana.
For the Allottees: Mr. Mani Ram Verma, Advocate.
For the Respondent Nos.32 to 35: Mr. Neeraj Sharma, Advocate.
(A) Punjab Security of Land Tenures Act, S.5, 5-A & 5-B--Permissible Area--Selection of--Selection made after due date prescribed under Act for making selection of permissible area--Held; That once there was no legally valid selection made by big landowner, collector is entitled to make selection of permissible area in terms of Section 5-B (2). (P.16)
(B) Punjab Security of Land Tenures Act, S.5, 5-A & 5-B--Permissible Area--Selection and Reservation of permissible area is regulated by provisions of Section 5, 5-A and 5-B--Operation of these provision are discussed in detail in Lajpat Rai’ case.
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