Extra Excavation Alone Does Not Justify Royalty On Soil Unless Its Use As Minor Mineral Is Shown: Bombay High Court

The Bombay High Court had held that extra excavation of soil/earth during construction, by itself, does not make the excavated material a minor mineral so as to attract royalty. The Court observed that royalty cannot be imposed unless it is positively demonstrated, or clear inferences can be drawn, that the excavated material was used for purposes specified in the relevant notification....

District Magistrate Alone Can Convene No-Confidence Meeting Against Cooperative Society Chairman: Allahabad High Court

The Allahabad High Court has held that the power to convene a meeting for consideration of a no-confidence motion against the Chairman of a cooperative society vests exclusively in the District Magistrate as the specified authority under Rule 465 of the U.P. Co-operative Societies Rules, 1968, and cannot be delegated or sub-delegated. It held that where any other officer fixes the time, date...

Sale Deed Cancellation Alone Doesn't Permit Dispossession Without Eviction Order: Allahabad High Court

The Allahabad High Court has held that a decree which only cancels a sale deed, and carries no direction for eviction or delivery of possession, does not authorise the decree-holder to remove the occupant from the property. It held that a person in long and settled possession makes out a prima facie case for temporary injunction even where the sale deed on which his claim of title rests...

Subsequent Abeyance Of Debarment Can't Retrospectively Make Bidder Eligible On Bid Due Date: Allahabad High Court

The Allahabad High Court has held that where a tender document declares an entity ineligible to bid if a governmental debarment subsists on the bid due date, an order later keeping that debarment in abeyance operates only from the date it is passed and does not relate back to make the bidder eligible on the due date.Clause 2.1.18 of the Request for Proposal provided that an entity barred by...

Unregistered Relinquishment Deed Cannot Transfer Title: Chhattisgarh High Court Dismisses Challenge To Revenue Board Order

The Chhattisgarh High Court has held that a relinquishment deed transferring title to immovable property must be registered and that an unregistered relinquishment deed cannot transfer title even if it was executed in the presence of witnesses. The Court accordingly dismissed a petition challenging the Board of Revenue's order, which had affirmed the setting aside of a mutation based on...

Legal Heirs Of 'Korfa' Cultivator Cannot Claim Compensation Decades After Cultivation Ceased: Tripura High Court

The Tripura High Court has held that legal heirs of a 'Korfa' or under-raiyat cannot claim a share in land acquisition compensation merely on the basis of old revenue records when there is no evidence that they continued cultivation or possessed a subsisting tenancy right on the date of acquisition.Justice Dr. T. Amarnath Goud remarked that: “The petitioner/legal heirs cannot enter into...

Landlord Need Not Personally Occupy Premises For Son's Business To Support Eviction: Allahabad High Court

The Allahabad High Court has held that the expression “required by landlord” in the first limb of Section 21(2)(m) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 does not require the landlord to be in physical occupation of the premises himself. It held that where premises in their existing form are sought for setting up or carrying on the business of the landlord's...

Meghalaya High Court Directs Authorities To Pay Land Acquisition Compensation For Border Fencing Within 3 Months

The Meghalaya High Court has directed the State and Union authorities to resolve their differences concerning the draft awards and disburse compensation to landowners whose land was acquired for construction of the Indo-Bangladesh Border Fencing within three months. The Court observed that possession of land cannot be taken by the Government while compensation is withheld for years without...

50% Pre-Deposit For Appeal Not Exhausted At Filing Stage Where Rent Liability Is Recurring: Allahabad High Court

The Allahabad High Court has held that where the order appealed against fixes a liability recurring from month to month, the fifty percent pre-deposit required by the proviso to Section 35(1) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 is not exhausted by the deposit made at the stage of filing the appeal. It held that the requirement continues to operate on the...

Dispute Over Sale Consideration Doesn't Invalidate Registered Sale Deed: Allahabad High Court

The Allahabad High Court has held that a registered sale deed cannot be declared void under Section 54 of the Transfer of Property Act, 1882 merely on a dispute over payment of sale consideration by the purchaser. It held that a seller who complains of non-payment must sue to recover the money, and cannot have the sale deed cancelled on that ground.Section 54 of the Transfer of Property Act,...

Acquisition Of Additional Land Cannot Be Done Through Corrigendum; Authorities Must Follow Statutory Procedure: Tripura High Court

The Tripura High Court has held that additional land required for a public project cannot be acquired merely by issuing a corrigendum to an earlier land acquisition notification, particularly after the original acquisition proceedings have concluded and compensation has been paid. The Court directed the authorities to return 0.019 acres of land to the petitioner, while permitting them to...

Jharkhand High Court Grants Relief To 'Physics Wallah', Says Authority Must Consider Reply Before Sealing Premises

The Jharkhand High Court has held that where a public authority issues a notice requiring a person to rectify alleged deficiencies and the person submits a response, the authority must consider the reply and pass an appropriate reasoned order before taking coercive action such as sealing the premises.A Single Judge Bench of Justice Rajesh Shankar was hearing a petition challenging the sealing...